Wayne R. Bumstead

Following two related applications argued together, the court determined the appropriate costs awards.

The successful party sought a global partial indemnity costs award exceeding $40,000 against two opposing parties.

The court emphasized the importance of proportionality, reasonable expectations of the parties, and compliance with Rule 57.01 of the Rules of Civil Procedure, particularly the requirement to exchange Costs Outlines before the hearing.

Finding the claimed amount excessive and inadequately supported by time breakdowns, the court reduced the requested costs and apportioned them separately between the two opposing parties based on their respective involvement in the proceedings.

Celadon brought an application seeking a declaration that Hoss exercised an option to purchase a leased commercial property on Celadon's behalf, pursuant to an Asset Purchase Agreement.

Hoss brought a separate application seeking an order requiring the landlord, Turoczi, to transfer the property to Hoss pursuant to the option.

The court found that Celadon failed to exercise its discretion to require an assignment of the lease within a reasonable time, that there was no equitable assignment of the lease, and that a subsequent Release Agreement terminated any right Celadon had to the lease.

The court also found that Hoss was in good standing under the lease when it exercised the option to purchase.

Celadon's application was dismissed, and Hoss's application was granted, ordering Turoczi to transfer the property to Hoss.

Following a trial and related injunction proceedings, the successful party sought recovery of its legal costs.

The court reviewed the cost submissions of both parties and determined that the successful party was entitled to costs on a partial indemnity basis.

The court found no reason to depart from the amounts claimed for trial preparation, attendance, and injunction-related work.

Costs were fixed in a specified amount payable by the opposing party.