Following a trial of issues under section 81 of the Bankruptcy and Insolvency Act regarding competing claims to property, the successful claimant sought costs against the unsuccessful claimant, and the unsuccessful claimant sought costs against the Trustee.
The court awarded partial indemnity costs to the successful claimant, finding no litigation conduct warranting elevated costs.
The unsuccessful claimant's request for costs against the Trustee was denied because its own contradictory and incomplete positions necessitated the Trustee seeking the court's directions.
