Following two attendances related to applications concerning a limitation issue under the Real Property Limitations Act, the court determined that the matters would require viva voce evidence and should be heard with a related action.
The parties were invited to make written submissions on costs for the attendances.
Applying the discretionary principles governing costs under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court considered the conduct of the parties and the proportionality principle.
As the applications did not proceed on their merits and all parties contributed to the adjournments, the court concluded that no party should recover costs.
Each party was ordered to bear its own costs for the two appearances.
