Following the dismissal of a motion for leave to appeal, the successful responding parties sought costs.
They submitted a joint draft bill of costs reflecting fees, disbursements, and HST, with a reduction applied for duplication of work between two law firms.
The court found the respondents entitled to costs on a partial indemnity basis and held that the draft bill appropriately reflected the Rule 57.01 factors, including the complexity of the proceeding and late amendments to the grounds of appeal.
The moving party accepted the claimed amount but requested a deduction to account for an outstanding prior costs order.
The court fixed costs accordingly after deducting the outstanding amount.
