This decision addresses a costs motion following an application where the applicants unsuccessfully challenged the validity and enforceability of a co-tenancy agreement clause.
The co-tenancy committee members, who were respondents in the original application, sought substantial indemnity costs.
The court found that contractual indemnification clauses in the co-tenancy agreement entitled the committee to substantial indemnity costs.
The court awarded $90,000 in substantial indemnity costs against the applicants, inclusive of disbursements and HST, but declined to award costs against other self-represented respondents who did not actively participate in the application.
