B. Lee

Following a jury trial for a motor vehicle accident, the plaintiff recovered only $2,000 after the application of the statutory deductible and a successful defence threshold motion.

The plaintiff sought partial indemnity costs of over $230,000, while the defendants argued they were the successful party and sought $25,000 in costs.

The court found that the plaintiff achieved some success and was entitled to costs, noting the defendants' failure to make any settlement offers and their conduct which unnecessarily lengthened the trial.

Applying the principle of proportionality, the court fixed the plaintiff's costs at $40,000 inclusive of disbursements and HST.

Following a summary judgment motion determined in favour of the third parties, the plaintiff sought costs of $2,815.00 from the defendant for preparation and attendance.

The court found that the plaintiff's counsel provided no satisfactory explanation for late service of materials and failed to comply with the agreed timetable.

Consequently, the court awarded reduced costs to the plaintiff, fixed at $763.00 on a partial indemnity scale, covering only the estimated time for attending the motion.