Allison A. Thornton

Following a trial where the plaintiff was awarded $41,608.83 for unpaid invoices and the defendant's counterclaim was dismissed, the plaintiff sought costs of $87,103.50.

The defendant argued the amount was disproportionate for a simplified procedure action.

The court considered the plaintiff's successful offers to settle, which presumptively entitled it to substantial indemnity costs, but balanced this against the principle of proportionality under Rule 1.04(1.1) and the objectives of the simplified procedure.

The court fixed costs at $50,000 inclusive of disbursements and HST.

The plaintiff, an insurance broker, was summarily dismissed by his employer.

He sued for wrongful dismissal, special damages, and compensation for vested business.

He also sued the principal broker for conspiracy, intimidation, and slander.

The employer counterclaimed for breach of contract and fiduciary duty due to the plaintiff soliciting clients.

The court found the dismissal was without just cause, awarded damages in lieu of notice and for vested business (reduced by the plaintiff's breach of non-competition and fiduciary duty).

The claims for special damages, conspiracy, intimidation, and slander against the principal broker were dismissed.