Background:
Laurie Lynn Abel sued Lenore Brooke Harlton over a boundary dispute in Victoria, BC. Abel’s lot was separated from Harlton’s, and each property had been inaccurately subdivided based on a frontage measurement that fell short of 60 feet. After Abel built a fence based on her own surveyor's report, a discrepancy of a few inches emerged, leading to competing surveys and a dispute over who should bear the shortfall.

Key Legal Issues and Arguments:

• Boundary Allocation: Abel argued the shortfall should be allocated to Harlton’s property. Harlton counterclaimed, seeking to require Abel to remove her fence and reestablish a sidewalk.
• Costs and Double Costs: Abel, as the successful party, requested costs at Scale B and double costs, arguing that Harlton had unreasonably rejected her settlement offer.
• Scale of Costs: Abel sought Scale C costs, citing the case’s complexity and need for historical land documents, while Harlton argued it was a standard dispute.

Court’s Findings on Costs:

• Order for Costs: The court awarded Abel costs at Scale B but denied double costs, deeming Harlton’s rejection of the offer reasonable due to the case’s novelty.
• Scale of Costs: The court ruled that Scale C costs were unwarranted, as the case was of ordinary difficulty.

Total Award:
Abel was awarded costs at Scale B, though financial terms were not specified. Abel was also ordered to pay Harlton $5,000 in compensation for the easement.