Warren Rapoport

The court issued a costs endorsement and corrigendum following the dismissal of the responding parties' motion for a certificate of pending litigation.

The court was informed of two unaccepted offers to settle made by one of the parties seeking costs.

The court also corrected an error regarding funds held as security for costs, clarifying they were solely for the benefit of one party.

The court increased the costs awarded to the party who made the offers to $22,500, finding the requested $35,000 disproportionate for a 1.5-hour motion.

A separate costs award of $7,500 was maintained for the other parties seeking costs.

Following a consent order restoring a commercial tenant to leased premises after a landlord lockout, the court determined the appropriate costs of the application.

The applicant sought substantial indemnity costs, arguing the respondents engaged in aggressive and intimidating conduct, including unsupported allegations about the tenant’s business and delaying litigation steps.

The court held that the respondents’ conduct unnecessarily prolonged the proceeding and warranted sanction.

Applying the principles of reasonableness and proportionality under Rule 57.01 and the guidance in Boucher, the court fixed costs on a substantial indemnity basis but reduced the requested amount.

Costs of $50,000 inclusive of fees, disbursements, and taxes were awarded to the applicant.