Following a Decision in which they were successful, the Respondents sought solicitor-client costs. Justice Lema awarded the Respondents full solicitor-client costs jointly and severally against two of the Applicants: Just Biofiber Corp. and Perkins Property Investments Ltd.

The Court applied Rule 10.33 and considered the conduct of the litigation. It found the Applicants made serious but unsubstantiated allegations of fraud, deceit, and criminality, failed to advance evidence on material points, and conducted the litigation in a manner that increased the Respondents’ costs. The Court noted that Just Biofiber did not provide evidence from its principal on key transactions and reasonable expectations, resulting in unsupported claims. The Respondents’ costs Brief also emphasized procedural abuse, reputational harm, and the lack of complexity or merit to the claims.

Lema J. found that Just Biofiber and Perkins Property had adequate opportunity to respond to the Costs Application but elected not to do so. In line with authorities cited by the Respondents, the absence of opposition, and the Applicants’ misconduct, supported an award of full indemnity costs. The Respondents’ requested amount of $329,586.32 was granted, subject to review by an Assessment Officer under Rule 10.37 if requested by either party.