The Court considered the appropriate Costs Award in relation to an Application to place several companies into full receivership (the “Plaintiff Application”) and an Application to place several companies into the control a representative of the Plaintiffs (the “Interim Receiver Application”).

The Court noted that the successful party is presumptively entitled to Costs under Rule 10.29(1) and that the determination of Costs was discretionary considering the factors in Rules 10.31 and 10.33.

With respect to the Interim Receiver Application, the Court determined that the Plaintiffs were entitled to Costs even though the Plaintiffs did not bring that Application. The Court determined that it is the expense of effort and money to advance or defend a position that makes one a party under Rule 10.28 for the purposes of awarding Costs for an Application.

The Court awarded the Plaintiffs three times Schedule C Column 5 costs. The Court noted that the matters at issue were complex, the amounts claimed were between $40-50 million, the Defendants did not advance their position in a reasonable manner, and the Plaintiffs were substantially successful in the Plaintiff Application and advancing their position in the Interim Receiver Application. As such, the Court determined that enhanced Costs were appropriate.