History of litigation supported conclusion that respondent attempted to frustrate contract

Civil Practice and Procedure - Costs - Jurisdiction and discretion as to costs

Applicant was successful in obtaining ruling and series of declarations regarding interpretation of contract relating to development and management of non-profit cemetery. Parties made submissions on costs. Costs awarded to applicant. Respondent's arguments regarding concerns about regulatory compliance and novel issue of interpretation were dismissed. Applicant was wholly successful. Application involved many legal issues, was of moderate complexity, and took most of one day to argue. History of litigation supported conclusion that respondent attempted to frustrate contract. Rate for applicant's senior counsel was high. Reasonable and proportionate award of costs was $35,000 inclusive of HST and disbursements.

Muslim Green Cemeteries v. Toronto Muslim Cemetery (2019), 2019 CarswellOnt 8598, 2019 ONSC 3319, J. Copeland J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 766, 2019 ONSC 87, J. Copeland J. (Ont. S.C.J.).

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