MIDDEN & GALLOWAY

In the matter of Midden & Galloway, the applicant sought costs following a trial before Judge Harland and a subsequent trial before Judge McGuire. The dispute concerned the allocation of costs following these proceedings.

The court was required to determine the appropriate orders for the costs of both trials, considering the conduct of the parties and the outcome of the proceedings before each judge. Specifically, the court had to decide whether to award full costs for the first trial and, if so, on what basis, and to what extent costs should be awarded for the second trial. The court also considered an application for costs relating to the costs application itself.

Judge McGuire ordered that the respondent pay the applicant's full costs of the trial before Judge Harland on a party and party basis. However, for the trial before Judge McGuire, the respondent was ordered to pay only twenty per cent of the applicant's costs, with this amount to be reduced by $4,000. The applicant's application for costs concerning the costs application was dismissed.