Following the dismissal of a cross-motion challenging the basis for a trusteeship order, the successful party sought costs.
The responding party opposed the request and alleged misconduct by the moving party and its counsel, including an alleged violation of s. 49.53 of the Law Society Act.
The court held that the statutory provision relied upon was inapplicable and that the allegations of impropriety were unsupported by evidence and largely repeated arguments already rejected.
Partial indemnity costs were awarded to the successful party, with a reduction to disallow the unnecessary attendance of a second counsel.
