The Applicant, Karen Clark, sought full-recovery costs after successfully obtaining a valuation of the Respondent's business.
The Respondent, Corey Clark, argued for reduced costs due to alleged unreasonable conduct by the Applicant's prior counsel and unreasonable offers to settle.
The court found the Applicant was presumptively entitled to costs, her offers to settle were reasonable and more favorable than the outcome, and the Respondent's delayed disclosure of expert reports constituted unreasonable conduct, though not bad faith.
The court awarded the Applicant elevated fixed costs of $110,000, considering the complexity of the valuation, the parties' conduct, and the offers to settle.