The respondent sought costs of the appeal on a substantial indemnity basis.
The Court of Appeal found the issues straightforward, with the only complication being the need for supplementary factums.
Costs of the appeal were awarded to the respondent and fixed at $10,000 on a partial indemnity scale.
The court also ordered that funds standing in court be paid out first to the respondent for trial and appeal costs, with any remaining balance to the appellant.