The City of Hamilton brought a motion for costs on a substantial indemnity basis against the White Star Group of Companies and its principal, Marino Rakovac, following the dismissal of White Star's expropriation claim.
The Tribunal found that White Star and its principal engaged in a repeated and deliberate pattern of unreasonable, vexatious, and bad faith conduct, including making baseless allegations against the City's counsel, conducting secret examinations for discovery, and attempting to relitigate decided issues.
The Tribunal awarded costs of $21,310.65 plus HST to the City, payable jointly and severally by White Star and Mr. Rakovac.