This Cost ruling arises out of a previous Decision of Sullivan J in which he ruled on numerous refused undertakings and objections and directed that the Defendants answer substantially all of the questions that were put to them at Questioning. The Court stated the successful party is entitled to costs and assessed the factors set out in Rule 10.33 emphasizing that Schedule “C” costs are not the default rule for making costs awards and cannot realistically achieve an appropriate level of costs in the context of complex and protracted litigation. Ultimately, the Court held that a percentage indemnity approach should be applied and awarded 50% of the amount assessed by the Review Officer, being the amount charged to the Plaintiff by their counsel for items related directly to the matters of the Application that was heard.