Costs of $5,000 awarded on a partial indemnity basis after appeal dismissed for delay.
The appeal was dismissed for delay on consent.
The respondent sought costs, including fees for preparing a draft factum in anticipation of the appeal proceeding.
The court awarded costs to the respondent on a partial indemnity basis, noting that the appellant's delay did not justify substantial indemnity costs.
The costs were fixed at $5,000, inclusive of disbursements, reflecting that the draft factum work ultimately proved unnecessary.
College of Physicians and Surgeons of Ontario v. Franklin, 2009 ONSCDC 43945
