Costs Application:

• SRL Claim: $5,974,704.28 in legal fees and disbursements.
• CNRL Suggestion: $2,027,638.08 based on Schedule C.

Court’s Decision:

• Complex Litigation: Recognized the case's complexity involving substantial scientific evidence and multiple expert testimonies.
• Costs Calculation:
  • Rejected Schedule C due to complexity.
  • Awarded 45% of "reasonable and proper costs".
  • Doubled costs for steps post-April 12, 2019, due to an unaccepted formal offer to settle.
  • Total disbursements: $1,461,448.08.

Key Legal Provisions:

• Rule 10.31(1)(a): Reasonable and proper costs.
• Rule 10.33: Factors for costs awards.
• Rule 4.29(1): Double costs for unaccepted formal offers.

Review Officer:

• To determine SRL’s reasonable and proper costs while maintaining privilege.
• SRL to calculate final costs post-review and submit for endorsement.

Conclusion:

• SRL Award: 45% of reasonable and proper costs, doubled for post-offer steps, plus disbursements. Total to be finalized post-review.