Following a successful appeal, the appellants sought costs of $42,000 and $15,000 to $22,500 respectively.
The respondents argued the claims were excessive.
The Divisional Court considered the complexity of the Human Rights Code issues and the unusual circumstance of the Tribunal accidentally losing the record, which increased preparation time.
However, noting the similarity of interests between the two appellants and the principle that costs must be fair and reasonable to the losing party, the court awarded costs on a partial indemnity scale of $10,000 to each appellant.
