The Respondents, Heather and Sheldon Stiller (the “Stillers”) brought an Appeal that was dismissed. The Applicants, Milot Law, cross-appealed and were successful. Milot Law then sought reimbursement of their legal costs in the amount of $33,000, representing 80% of their costs in dealing with the issue on Appeal, and 40% of their remaining costs for all other steps.

Milot Law provided the Court with a summary of their actual costs of $56,012.22 along with a draft Bill of Costs under Column 2 of Schedule C for $16,118.01. The Stillers argued that Costs should be awarded in accordance with Schedule C.

The Court held that more than Schedule C costs were appropriate. Milot Law was the successful party. A Cross-Appeal and related steps could have been avoided but for the conduct of the Stillers. 

Costs were awarded to Milot Law in the amount of $25,000 which reflected Column 2 Costs and approximately 50% of the legal fees and disbursements otherwise incurred.