Civil practice and procedure-Costs - Offers to settle or payment into court - Offers to settle - General principles-Property owner acquired property from province in 1972 on condition property be used as park but was using it for large scale commercial aggregate extraction - Owner's application for declaration that property's use for extraction of sand and gravel was permitted under 2006 zoning by-law or was legal non-conforming use was dismissed on basis current by-law did not permit extraction, present use for commercial aggregate extraction was not just intensification of pre-existing use but use of different kind that was not reasonable evolution of prior activity, and on basis present use diminished people's enjoyment of property and adjacent lake - Hearing was held to determine costs - $85,000 costs award, inclusive of fees, disbursements and taxes, was appropriate - As successful party, respondent was presumptively entitled to partial indemnity costs - Respondent was not entitled to full indemnity costs for entire history with all its events - Respondent's 2015 proposal did not meet requirements for offer to settle as notice of application was not issued until 2016 and proposal was not done in context of application - Costs of $57,128 not related to Superior Court application were to be deducted.
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