Legal Context:

• The case revolved around the Applicants seeking costs after successfully reinstating their commercial tenancy. The court previously found that Metamore Inc. terminated the lease without adhering to section 19(2) of the Commercial Tenancies Act.

Positions of the Parties:

• The Applicants requested costs of $31,333.09 on a substantial indemnity basis, arguing that Metamore acted unreasonably by not settling early and their conduct was reprehensible.
• Metamore countered that the Applicants' claim for costs was excessive and they should not be awarded due to procedural issues and only partial success on their application.

Court’s Analysis and Decision:

• The court recognized the need for a Bill of Costs but decided it was not a basis to deny costs to the successful party.
• Substantial indemnity costs were justified due to Metamore’s egregious conduct as an experienced commercial landlord.
• The court considered the success of the Applicants, the reasonableness of their offers to settle, and the conduct of both parties throughout the dispute.
• While acknowledging an unnecessary complication by the Applicants in part of their claim, the court determined these costs would not be compensated.

Outcome:

• The Applicants were awarded $25,000 in costs on a substantial indemnity basis, payable by Metamore Inc. within 30 days, reflecting the court's disapproval of Metamore’s conduct and recognition of the Applicants' success and reasonable legal efforts.