Following a trial where the plaintiffs were awarded non-pecuniary damages, the court determined the issues of prejudgment interest and costs.
The court awarded prejudgment interest at the prescribed rate of 3.0 per cent from the commencement of the action, declining the defendants' request to average the rate or shorten the period due to delay.
The court rejected the plaintiffs' claim for substantial indemnity costs, finding no justification for it, and awarded partial indemnity costs fixed at $175,000 all-inclusive.
