The decision concerns costs following an earlier ruling regarding a disputed development condition tied to a municipal option to purchase land originally reserved for school board use.
After the court determined the condition was unsupported and imposed a reasonable time for the municipality to exercise or waive its option, the successful applicant sought partial indemnity costs of $16,612.83.
The respondent argued the claimed partial indemnity rate was excessive and proposed a lower percentage.
Applying the Rule 57 criteria and principles of proportionality, the court noted that costs were being fixed rather than assessed and that the issues, while not complex, were unique and carefully addressed by senior counsel.
The court found no excess in the work performed but adjusted the amount, fixing costs payable to the applicant at $14,500 all inclusive.
