Costs decision following the landlord's successful motion to stay the tenant's application for injunctive relief and relief from forfeiture pending arbitration.
The landlord sought partial indemnity costs of $20,183.47.
The tenant argued the costs were excessive, disproportionate, and should be reserved to the arbitrator.
The court declined to reserve costs, finding it controls costs of proceedings before it and the arbitration clause might not empower the arbitrator to award such costs.
The court reduced the hours claimed due to duplicative work by three lawyers and disallowed the articling student's attendance costs, awarding $13,500.00 inclusive of HST and disbursements.
