The plaintiff, Paramjit Singh, and the defendant, Shoppers Home Health Care (Ontario) Inc., each sought costs following a four-week jury trial.
The jury found Shoppers liable for Mr. Singh's injuries but also found Mr. Singh 75% contributorily negligent, resulting in a total award of approximately $73,000, which was less favorable than Shoppers' Rule 49.10 settlement offer of $100,000.
The court determined that Shoppers' global offer to multiple plaintiffs (Mr. Singh and his family with FLA claims) was valid and triggered Rule 49.10 cost consequences.
The court then assessed Mr. Singh's partial indemnity costs up to the offer date and Shoppers' partial indemnity costs from that date to the end of trial, considering factors under Rule 57.01.
Despite Mr. Singh's success on liability, his low recovery and high contributory negligence meant the Rule 49.10 offer was beaten.
The court ultimately concluded that the allowable costs for both parties were effectively equivalent ($131,633 for Mr. Singh and $128,500-$138,500 for Shoppers) and declined to order costs payable by either party.
