The Applicants, Molly Margaret Anne Patterson and Lawrence Boucher, sought an order enjoining the Respondent, Dianne Bhual, from trespassing and harassing them.
The application settled without a hearing, leaving only the issue of costs.
The Applicants sought approximately $60,000 in full costs, while the Respondent offered $5,000.
The court, applying Rule 57.01, determined that partial indemnity costs were appropriate, rejecting the Applicants' claim for full recovery due to a lack of "reprehensible conduct" by the Respondent.
The court awarded the Applicants $36,000 in costs, noting that the Respondent's late participation and unsubstantiated allegation of racial bias were factors, but not sufficient for full indemnity.
