10.29: General rule for payment of litigation costs
10.33: Court considerations in making costs award

Case Summary

The Applicant sought Costs following a Decision related to title to property. The Parties had enjoyed mixed success.

Justice Dario stated the general rule under Rule 10.29(1) IS that the successful Party to an Application or Action is entitled to Costs. The Court noted that this general rule is subject to exceptions as well as the Court’s overarching discretion regarding Costs Awards. Justice Dario cited Rule 10.33 for the factors that the Court may consider when determining Costs, including: the degree of success, the amount claimed and recovered, the importance of the issues, the complexity of the Action, and any conduct that shortened proceedings.

The Applicant sought Costs equivalent to a 45% indemnity of his purported legal fees, for a total of $80,763.38. The Respondents argued that no Costs should be awarded because of the nature of the litigation, the lack of authoritative jurisprudence on the subject-matter of the dispute, and because the litigation proceeded expeditiously.

The Court considered these arguments and further noted that the matter was of some general public importance. Based primarily on the public-interest characteristics of the dispute, the Court limited the Costs Award in favour of the Applicant to two times the amount set out in Column 1 of Schedule C, for a total Costs Award of $15,390.

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