The plaintiff sought costs of an appeal to the Divisional Court on a substantial indemnity basis.
The Attorney General conceded the plaintiff was entitled to costs but argued they should be on a partial indemnity basis.
The court agreed with the Attorney General, noting that substantial indemnity costs require egregious or vexatious conduct.
The court also disallowed costs for the attendance of two of the plaintiff's counsel who had acted as affiants and were requested to withdraw from the hearing.
Costs were fixed at $13,145 plus disbursements and GST on a partial indemnity basis.
