Following a lengthy civil trial involving multiple plaintiffs arising from a motor vehicle incident, the plaintiffs’ claims against several defendants—including a transportation company, police officers, and the provincial Crown—were dismissed.
The successful defendants sought substantial costs after a 56‑day trial and extensive pre‑trial litigation.
The court applied s. 131 of the Courts of Justice Act and Rules 49 and 57.01 of the Rules of Civil Procedure, emphasizing fairness and reasonableness in fixing costs rather than a strict accounting exercise.
Costs were awarded on a partial indemnity basis up to the defendants’ settlement offers and on a substantial indemnity basis thereafter, with adjustments made for excessive claims and unnecessary attendance of junior counsel.
The court also held the plaintiffs jointly and severally liable for the liability portion of the defendants’ costs, while allocating damages‑related costs severally among individual plaintiffs.
Requests for a Sanderson order and third‑party costs were denied.