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Successful defendant in motor vehicle accident trial awarded full partial indemnity costs claimed of $140,109.10.
Following a 13-day jury trial where the plaintiffs' motor vehicle accident claim was dismissed based on the defence of inevitable accident, the successful defendant sought partial indemnity costs of $140,109.10.
The plaintiffs argued the amount was unreasonably high and proposed $100,000.
The court found the defendant's claimed disbursements and fees to be fair and reasonable, noting the complexity of the medical evidence and the plaintiffs' own incurred costs.
The court awarded the defendant costs in the full amount claimed.
