The decision in Falkoski v. Osoyoos (Town) (supra), however, illustrates the kind of circumstances that will justify an award of costs against an unsuccessful applicant. In that case, Newbury J. (as she then was) rejected a Rule 18A application brought by one of several defendants for dismissal of the plaintiff’s claim. She held that the matter was inappropriate for adjudication on a summary basis because the required factual determinations could not be made, and also because she disagreed with the defences raised as a matter of law by that defendant.
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