Following a successful appeal where the appellant was awarded $429,329.18, the parties made written submissions on trial costs.
The appellant sought $100,000, while the respondent sought to retain its trial costs or apply a 25 percent reduction based on divided success on the issues.
The Court of Appeal held that costs should follow the event and awarded the appellant its trial costs fixed at $100,000 all-inclusive, declining to apply Rule 49 or apportion costs by issue.
