This is a costs endorsement following the dismissal of an application to enforce an oral agreement and the granting of an application for partition and sale of property.
The successful parties (Bruno Rosso, Nancy Rosso, and Salvatore Rosso) sought costs awards.
The court awarded costs on a substantial indemnity scale to Bruno and Nancy, and on a partial indemnity scale to Salvatore.
The court considered factors including the complete success of the parties, the complexity of the issues, the proportionality of costs to the property value, the reasonableness of counsel fees and time spent, and the conduct of the unsuccessful party during litigation.