Kuny v. Beamish is binding upon this court. It governs the decision before me from two separate views. Although the learned justice was awarding costs in favour of a self-represented layperson no distinction can be drawn between a layperson and an attorney. In addition the learned justice awarded costs against a self represented attorney. Certainly logic would dictate that if costs can be awarded against a lawyer in this area conversely costs on the same calculated basis could be awarded in his or her favour.
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