Background:

• The Melos purchased property from the Hieberts, leading to a dispute over whether the property was to include a retaining wall and who was responsible for other property deficiencies.

Legal Issues:

• Determination of responsibility for the property's retaining wall and other deficiencies.
• Assessment and awarding of trial costs.

Court’s Analysis and Decision:

• The court previously ruled in favor of the Melos for most of their claims.
• The Melos sought full recovery of their trial costs, totaling $24,299.24, arguing their settlement offer was closer to the court's decision.
• The Hieberts argued for each party to bear their own costs, citing their contributions to a smoother trial process and a reasonable settlement offer.
• The court considered the success of the Melos in the trial, the complexity of the proceedings, conduct affecting trial length, and the reasonable cost expectations.

Outcome:

• The Melos were deemed the more successful party, justifying their entitlement to costs.
• The court acknowledged the straightforward nature of the case but recognized the need for expert evidence on the retaining wall issue.
• Adjustments were made for the Melos' partial success and the Defendants’ contributions to trial efficiency.
• The court ordered the Defendants to pay the Melos $20,000.00 inclusive of HST and disbursements as trial costs, reflecting a balanced consideration of the factors involved.