Following Trial, the Defendant applied for a reconsideration of Justice Kubik’s finding as to the valuation of a corporation pursuant to Rule 9.13. The Parties also sought a determination by the Court as to Costs.

Justice Kubik declined to vary the Trial Decision because Her Ladyship found no error to be corrected as contemplated by Rule 9.13.

With respect to Costs, Justice Kubik cited Rule 10.29 for the general proposition that the successful Party in an Action is entitled to a Costs Award, subject to the Court’s discretion. Her Ladyship considered the factors under Rule 10.33 and held that due to their mixed success, and the absence of any other intervening factor, the Parties should bear their own Costs.