Following a jury trial for a motor vehicle accident where the plaintiff's action was dismissed for failing to meet the statutory threshold, the successful defendant sought over $104,000 in costs plus disbursements.
The plaintiff argued no costs should be awarded due to her impecuniosity and the defendant insurer's alleged failure to attempt settlement under the Insurance Act.
The court found the insurer did not breach its duty to settle by taking a hard-line defensible position.
However, considering the plaintiff's limited financial means and the modest complexity of the case, the court reduced the defendant's costs and fixed them at $40,000 all-inclusive.
