The court determined costs following a successful adverse possession claim relating to a strip of land used as a driveway between neighbouring cottage properties.
The successful party had made settlement offers and sought recovery of substantial legal fees and disbursements following an eight‑day trial.
Applying Rule 57.01 of the Rules of Civil Procedure and the principles articulated in Davies v. Clarington (Municipality) and Anderson v. St. Jude Medical Inc., the court assessed whether the claimed fees and disbursements were reasonable in light of the complexity of the proceeding, importance of the issues, proportionality, and expectations of the unsuccessful party.
The court accepted certain preparation time and disbursements but reduced the requested trial counsel fees.
Costs were fixed at a lump sum reflecting proportionality and fairness.
