Justice Bourque considered an Appeal of a Costs Award made by an Applications Judge, related to an Application to transfer the Action to the Court of Justice (the “Transfer Application”). The Applicant was initially awarded $750 in Costs by Applications Judge Prowse for successfully defending the Transfer Application; however, the Applicant appealed based on the position that it was contractually entitled to solicitor client Costs. Pursuant to Rule 6.14(3), the Respondent submitted an Affidavit to form part of the Appeal Record.

Justice Bourque identified that the Court’s obligation in determining Costs consists of considering the factors enumerated in Rule 10.33. Justice Bourque further noted that, subsequent to the consideration of the factors listed in Rule 10.33, the Court must then consider the Award options available in Rule 10.31.

Ultimately, after considering the conduct of the Applicant in the context of the Rule 10.33 factors, Justice Bourque confirmed that Applications Judge Prowse did not err by awarding lump sum Costs in accordance with Rule 10.31. Justice Bourque dismissed the Appeal.