The respondents were successful on a motion for leave to appeal and the subsequent appeal.
They sought costs of $82,692.85 for the leave motion and $108,534.16 for the appeal.
The appellant argued the amounts were excessive and sought its own costs for the leave motion.
The Divisional Court found the respondents' claimed costs excessive given the focused nature of the issues and the number of hours docketed.
The court fixed costs payable to the respondents at $120,000.00 inclusive of HST and disbursements.
