Following the dismissal of the applicants' case, the Municipality sought costs on a substantial indemnity basis in the amount of $40,000.
The applicants' former counsel was no longer retained, and one applicant requested the Acting Drainage Referee to address costs.
The Referee found that while the applicants' case was difficult and unsuccessful, it raised novel questions and was not a waste of time.
Accordingly, costs were awarded to the Municipality on a partial indemnity basis, fixed at $20,000 plus disbursements.
The Referee also ordered that the Municipality's net expenses be levied upon the lands assessed for the maintenance and repair of the Bateman Drain and Branches pursuant to the Drainage Act.
