The defendant, completely successful at a jury trial where plaintiffs claimed $4.5 million, sought partial indemnity costs of $180,787.95.
The plaintiffs opposed, arguing the lack of a Rule 49 offer to settle should deny costs and that the quantum was excessive.
The court affirmed that costs should follow the event, even without a formal offer, and ordered costs against all plaintiffs jointly and severally.
The court reduced the defendant's claimed fees by disallowing law clerk attendance at trial and adjusting hourly rates for counsel and law clerks.
Expert report costs were also reduced from $27,912.50 to $15,000.00.
Travel costs for counsel and the instructing client were allowed due to the trial's transfer to Thunder Bay at the plaintiffs' convenience.
