Mark Pederson

This is a costs endorsement following the dismissal of the applicant's application and the granting of the counter-application.

The court assessed costs on a partial indemnity basis, considering the complexity of the proceeding, the importance of the issues, the parties' conduct, and a Rule 49 settlement offer.

The applicant's unreasonable conduct in including an unnecessary party and taking an untenable position regarding the property value influenced the costs award.

The court rejected the applicant's proposed costs as arbitrary and unreasonable.

The court dismissed the Defendants’ motion to adjourn the pretrial and trial, finding that the issues before the Divisional Court and those to be resolved at trial were not the same.

The trial would resolve the equitable ownership issue, and proceeding as scheduled would be fair and just.

The court also awarded costs to the Plaintiffs on a partial indemnity basis, finding the motion unnecessary and not required to be decided before trial.