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Substantial indemnity costs denied; respondents awarded $50,000 in fixed costs following dismissed reinstatement application.
The applicant's application for injunctive relief and reinstatement as a priest was dismissed.
The respondents sought substantial indemnity costs of $104,706.19, alleging the applicant engaged in sanctionable conduct and pursued fruitless litigation against improper parties.
The court rejected the claim for substantial indemnity costs, finding the conduct did not warrant sanction.
Applying the factors under Rule 57.01(1) and the principle of fixing a fair and reasonable amount, the court awarded the respondents costs fixed at $50,000 inclusive of fees, HST, and disbursements.
