Following the dismissal of the appellant's appeal, the successful respondents sought partial indemnity costs.
The City sought $27,699.06 and the developer sought $43,176.94, while the appellant argued costs should be fixed at $25,000.00 total.
The Divisional Court noted the appellant's own bill of costs was over $59,000, indicating its reasonable expectations.
The court awarded costs of $25,000.00 to the City and $30,000.00 to the developer, inclusive of disbursements and HST.
