Following a successful liability trial where the defendants were found 100% liable for a slip and fall, the court addressed the issues of prejudgment interest, postjudgment interest, and costs.
The court awarded prejudgment interest from the date damages were settled (May 4, 2020) to the judgment date (May 2, 2024), and postjudgment interest on the settled damages amount of $65,000.
For costs, the court determined that the simplified procedure cost cap of Rule 76.12.1 did not apply because the action was commenced before January 1, 2020, despite later conversion to simplified procedure.
Applying Rule 49.10, the plaintiff was awarded partial indemnity costs until November 26, 2015, and substantial indemnity costs thereafter, fixed at $80,000 for fees plus HST, and $26,529.07 for disbursements.
