Key Points:

• Context: Maynard Holdings sought costs after successfully vacating multiple Builders' Liens recorded by Optimo Group against their property. The court had earlier found that Optimo abandoned the project and failed to file its Lien within the required time frame.
• Main Issues:
  • Whether Optimo's actions warranted an increased cost award.
  • The proper calculation of costs based on the Civil Procedure Rules and the applicable Tariff C.
• Civil Procedure Rules:
  • Rule 77.02: Allows the judge discretion to award costs that ensure justice between the parties.
  • Rule 77.06: Costs are typically fixed according to the Tariff unless the judge orders otherwise.
  • Rule 77.07: Permits adjustment of tariff amounts based on factors like the conduct of the parties and unnecessary steps taken in the litigation process.
• Decision:
  • The court increased the standard tariff costs due to Optimo’s conduct, which increased the complexity and expense of the litigation. Optimo's actions were deemed to have affected the speed and cost of the proceeding.
  • Costs Awarded:
    • Base amount: $2,000 (under Tariff C for a hearing longer than half a day).
    • Additional amount: $5,000 (due to Optimo’s conduct under Rule 77.07).
    • Total: $7,000 plus HST, deemed fair and just.

Conclusion: The decision on costs reflects the court's discretion to adjust standard tariffs to ensure fairness, considering the parties' conduct and the specifics of the case.