The Court considered the appropriate Cost Award after dismissing the Applicant’s Originating Application. The Applicant owned a condo and was in a dispute with condo corporation and its board of directors (the “Board”) about whether certain rental agreements were prohibited short-term rentals as a result of the condo bylaws, and as a result of a permanent injunction that had been previously granted.

The Court considered the factors set out in Rule 10.33. Belzil J. declined to award solicitor and own client costs after concluding that there were no exceptional circumstances such as litigation misconduct to justify such an award.

However, the Court also determined that the Applicant made serious and unsubstantiated allegations of impropriety against members of the Board. The Court noted that the Applicant could have avoided the dispute by consulting with the Board about whether his purported leases would be problematic, which he did not.

As a result, the Court costs in the amount of triple Column 2 of Schedule C.