Background

• Initial Decision: On August 10, 2023, the court granted a permanent injunction against the Defendant, preventing the use of a right-of-way over the Plaintiffs' property for public access to a proposed campground.
• Issue of Costs: The parties could not agree on costs, leading to further submissions.

Plaintiffs' Position

• Disbursements: $9,268.22 (including HST), agreed upon by the Defendant.
• Legal Fees: Claimed 85% of $290,240.09, citing two settlement offers in November 2018 and March 2022, which were more favorable to the Defendant than the court’s decision.

Defendant's Position

• Application of Tariff A: Suggested costs based on the taxable value of the Plaintiffs’ land, proposing $110,000.
• Reasonableness of Fees: Argued the Plaintiffs’ fees were unreasonably high.

Court’s Analysis

• Lump Sum vs. Tariff: Decided on a lump sum due to the non-monetary nature of the dispute and complexity of property value calculations.
• Settlement Offers: Both offers were more favorable than the trial outcome, impacting the cost determination.
• Reasonableness of Legal Fees: Found the Plaintiffs’ fees reasonable given the case complexity and extensive work.

Decision

• Costs Award: Plaintiffs awarded 78% of their legal fees, totaling $196,858.50, plus disbursements of $9,268.22.