The Applicants, who owned a unit in Park Towers condominium, brought an Action against the Respondent, the Park Towers condominium corporation. The Action was dismissed. The Respondents sought solicitor-client Costs, arguing that the Applicants had a political motive for bringing the Action, had filed too much evidence, and had delayed the Action and wasted Court resources. The Applicants argued each party should bear their own Costs or that Costs should be based on Column 1 of Schedule C of the Rules.

The Court noted that the Respondent was entitled to Costs pursuant to Rule 10.29 as they were entirely successful, and they were entitled to reasonable and proper Costs pursuant to Rule 10.31(1)(a). However, the Court rejected the Respondents arguments that it was an appropriate case for solicitor-client costs, finding that the evidence did not support their arguments. Ultimately, the Court granted the Respondents Column 1 of Schedule C with a 1.25x multiplier, noting that “[t]he amounts in Schedule C are out of date.”