Following a successful civil trial in which the plaintiffs recovered $50,000, the court determined the appropriate costs award.
The plaintiffs sought substantial indemnity costs exceeding $48,000 including taxes and disbursements.
The court considered the parties’ conduct during trial, including delays and procedural complications caused by the defendant and his lay agent, as well as the proportionality of costs relative to the amount recovered.
While acknowledging that the plaintiffs prevailed and that their disbursements were reasonable, the court reduced the requested amount to ensure proportionality.
Costs were fixed at $35,654.19 inclusive of HST and disbursements.
