The Court determined a Costs Award related to a recent Action and pursuant to Rule 10.29, which establishes the general rule for Costs Awards, being that a successful party is entitled to Costs against an unsuccessful party. The Court, in making a Costs Award, may consider all or any of the factors set out in Rule 10.33, including the degree of success of each party.

The Court found that the Plaintiff had enjoyed substantial success in his lawsuit and determined that there were no compelling reasons to vary from the presumption that the Plaintiff should have Costs against the unsuccessful Defendants. The Plaintiff was awarded Column 3 Costs.