The Court applied a distributive approach to costs, ordering the successful plaintiff to receive its costs subject to deductions for distinct unsuccessful claims (mortgage and equitable fraud claims) but not for unsuccessful issues arising within successful claims. The Court imposed disclosure conditions on the stay pending appeal, holding that where a stay deprives a party of the right to issue examination notices under UCPR r 38.1, equivalent disclosure obligations may be imposed as a condition of the stay, and that such disclosure orders do not amount to premature enforcement of the stayed substantive orders. The Court declined to stay the disclosure orders themselves pending a further appeal.
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