The Applicant sought a full indemnity award of Costs from the Respondent. The Applicant had been forced to take legal action as a result of the Respondent’s tenant who had been operating a marijuana grow operation in the Respondent’s condominium unit. The Applicant claimed entitlement to Costs on a solicitor-client basis pursuant to the Condominium Bylaws and in accordance with the Condominium Property Act, RSA 2000 c C-22 (“CPA”).

Lee J. reviewed the Condominium Bylaws and the relevant sections of the CPA, and stated that the provisions of Rule 10.33 applied. Justice Lee held that the Applicant was, in fact, entitled to full indemnity solicitor-client Costs. However, the Court also ordered that an assessment of costs be conducted by an Assessment Officer, pursuant to the provisions of Rule 10.34.