Key Points

1. Oral Decision and Costs Submission:

   • An oral decision was made on August 2, 2023, with a written form issued later.
   • The court invited parties to submit on costs by August 31, 2023, but there were delays in submissions.

2. Previous Ruling:

   • Plastk’s application to confirm and expand interim injunctions was dismissed.
   • Injunctions were initially granted to allow Plastk time to find a new financial intermediary.
   • Final date for injunctions to lapse was set to August 31, 2023.

3. Costs Claims:

   • DCB: Sought full indemnity costs of $256,602.08 but was willing to accept $125,000 as partial indemnity.
   • Plastk: Argued for mixed success, suggesting each party bear its own costs, or set off costs, or follow Column 1 of Schedule C rather than McAllister principles.

4. Court’s Decision on Entitlement:

   • Rejected Plastk’s claim of mixed success, asserting DCB’s clear success in vacating the injunction.
   • Acknowledged DCB’s voluntary concession to allow time before injunction termination.

5. Court’s Decision on Quantum:

   • Declined full indemnity costs for DCB due to unclear allocation of costs to the August 2 hearing.
   • Rejected the application of McAllister principles, considering the case less complex than required for such costs.
   • Recognized the necessity of DCB’s legal expenses but found $125,000 excessive.
   • Awarded DCB $25,000 in fees plus reasonable disbursements, indicating the case was more significant than routine but not warranting higher costs.

Conclusion

• Award: DCB was awarded $25,000 in legal fees plus reasonable disbursements.