1Non-disclosure of a related proceeding, while objectively unreasonable and supporting an award of costs, does not necessarily justify indemnity costs where the conduct was antecedent to the proceeding in question and was no longer operative during the appeal.
2Where a party succeeds on appeal but some costs in lower proceedings related to issues on which that party failed, a fair result may still be an award of standard costs in the successful party's favour where the overall proceeding ought not to have been necessary but for the other party's unreasonable conduct.
3The setting aside of pre-action discovery orders following commencement of substantive proceedings constitutes a distinct 'event' for costs purposes; any future renewed application would represent a new chapter in the dispute.
