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The Court held SON was the overall successful party on the Title appeal because the appellate relief granted — remittal to the trial judge to consider Aboriginal title to a portion of the claim area — matched the relief sought; accordingly costs follow that overall outcome and Ontario must pay SON costs in the specified amount.
Source excerpt
Although GT breached the engagement by terminating the survey, appellants failed to prove causation between that breach and their multi‑million dollar share losses; alternative evidence obtained by the appellants (SurveyMonkey) and appellants' own post‑meeting conduct undermined causation; claims for loss of chance, special damages and nominal damages were not supported; appeal and cross‑appeal dismissed and each party to bear its own costs.
Source excerpt
The court refused a stay of proceedings, finding the dispute with CLBC arose from broader funding commitments and not from the CSA/STA arbitration clause.
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