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Because success on the summary applications and the Rule 10-1 transfer was mixed, and earlier applications had costs fixed in the cause that cannot be varied, the court exercised its discretion to depart from the default that costs follow the event and ordered that each party bear their own costs of the applications before the court.
Source excerpt
The court dismissed an application to remove a builders lien, finding the owner had not shown an unequivocal termination or abandonment more than 45 days before filing.
The court cancelled a builder’s lien and replaced it with $600,000 security, finding only a prima facie case for part of the claimed amount under s. 24.
The court awarded only proven renovation amounts, dismissed the counterclaim, and held the builder’s lien was filed out of time under the Builders Lien Act.
The Court of Appeal ordered a new trial and made costs orders, including appeal costs against the respondents. It declined to address Builders Lien Act security.
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