This is a Costs decision in which the Court awarded the successful party Schedule C, Column 2 Costs, multiplied by 1.25, with the addition of disbursements and other charges.

In coming to its decision, the Court considered the factors set out in Rule 10.33, including that successful party succeeded in all aspects of the litigation; the legal issues raised were novel; the disputes affected the ongoing relationship between the parties; the parties presented the case in a straight-forward manner with limited evidence; and both parties acted to ensure that the matter proceeded expeditiously with nothing suggesting that either party unnecessarily lengthened or delayed the actions, or disputed matters that ought to have been submitted.

Further, the Court considered the potential relevance of both Schedule C and the actual fees incurred by a party in determining the “reasonable and proper” costs to be awarded pursuant to Rule 10.31(1). Ultimately, the Court noted that a 40-50% partial indemnification is a “reasonable guideline” for a Costs award.