Following a successful appeal by the defendant insurer regarding the production of documents and claims of privilege, the parties submitted written submissions on costs.
The Divisional Court ordered no costs for the appeal, the application for leave to appeal, or the motion to quash.
Although the defendant was substantially successful on the issues of solicitor-client and litigation privilege, the court found that the defendant was largely the author of its own misfortune because its initial affidavit of documents lacked the particularity required by the Rules of Civil Procedure.
