Following a successful condominium compliance application under the Condominium Act, 1998, the court determined costs.
The applicant sought full indemnity costs exceeding $11,000 based on actual legal fees.
The court held that s. 134(3) of the Act does not mandate full indemnity costs and that the primary consideration in fixing costs is what is fair and reasonable for the unsuccessful party to pay.
Applying partial indemnity principles, the court reduced the hourly rate and time claimed, fixing total costs at $5,729.30 inclusive of fees, disbursements, and HST.
The court also declined to award damages for remedial expenses not yet incurred, finding no jurisdiction under s. 134(3)(b)(i).