HEWSON & HEWSON

In *Hewson & Hewson*, heard before Judge Obradovic, the applicant sought an order for costs on an indemnity basis against the respondent. The applicant was self-represented in the proceedings.

The central legal issue before the court was whether the applicant had established grounds for an award of costs on an indemnity basis. This required the court to consider the circumstances of the litigation and the conduct of the parties to determine if such an exceptional order was warranted.

Judge Obradovic reasoned that an award of costs on an indemnity basis is an exceptional remedy, typically reserved for cases where there has been misconduct or unreasonable conduct during the litigation. While the applicant was self-represented, the court found that the threshold for an indemnity costs order had not been met in this instance. The court ultimately ordered that the respondent pay the applicant's costs in the amount of $2,802, to be paid within six months of the date of the orders.