Sullivan J

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

Case Summary

The Plaintiff in the underlying Trial Decision (the “Underlying Decision”) was successful in obtaining a Declaration with respect to the beneficial ownership of corporate shares in Gilmar Crane Service Ltd. (the “Corporate Shares”). In considering an appropriate Costs award, Justice Sullivan noted that Rule 10.33(1) provides guidance and the Court should consider, among other things, the complexity of the Action, the amount claimed, the success of the Parties, and any other matter that the Court considers appropriate.

The Plaintiff argued that the matter involved an extensive amount of work, was complex, and required a copious amount of documentation review. As such, the Plaintiff requested Costs in accordance with Schedule C, Column 5. While not disputing that Costs were appropriate in this instance under Rules 10.29 and 10.31, the Defendant argued that the matter involved a Declaration with respect to the ownership of the Corporate Shares and was, therefore, akin to an injunction. As such, The Defendant argued that Costs should be payable in accordance with Schedule C, Column 1.

Justice Sullivan agreed with the Plaintiff to the extent that the underlying Action was complex and required detailed preparation. His Lordship therefore awarded Costs in accordance with Column 4 of Schedule C, consistent with the $500,000 valuation of the Corporate Shares.

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