The Court determined a gross sum costs order of $13,269,328.04 in favour of the successful party in complex scheme of arrangement proceedings, representing approximately 85% of actual costs incurred. Black J preferred the costs expert who assessed solicitors' hourly rates on their merits against CARC Guidelines and the specific circumstances of the matter, over the expert who applied generalised percentage reductions drawn from experience in other matters without merits-based analysis of the actual costs incurred. The Court applied only a 5% residual discount to solicitors' professional fees (below the lower range noted in Ahern), reflecting the detailed expert evidence available, and declined to reduce expert fees or disbursements where no specific basis for reduction was identified.
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