Saveria Romano

Following an application regarding the continuation of a legal non-conforming use, the applicant sought costs of $60,186.30 on a partial indemnity basis.

The respondent argued for each party to bear their own costs due to divided success, or alternatively $20,000.

The court found there was genuinely divided success as the applicant was successful on the declaration but overreached on the injunction, which the respondent successfully resisted.

Applying Rule 57.01, the court awarded the applicant costs fixed at $38,000 all-inclusive.

The applicant sought declarations regarding the continuation of legal non-conforming uses on his property, affirmation of an existing injunction against the Town, and an order to register court judgments on title.

The court granted declarations affirming that the property's uses, including a motor vehicle compound, were a continuation of previously recognized legal non-conforming uses.

The court dismissed the requests for an affirmation of the injunction, finding no contravention by the Town, and for an order to register judgments, deeming it a matter for the Land Titles system.