Crawford M. MacIntyre

Following an appeal and cross-appeal, the successful appellants sought their costs.

The Court of Appeal for Ontario awarded the appellants costs on a partial indemnity basis.

Finding the submitted bill of costs to be excessive, the court fixed the costs at $20,000 inclusive of disbursements and GST.

The plaintiff suffered a perforated bowel and fractured vertebra in a motor vehicle accident.

At trial, the jury assessed general damages at $500,000.

The trial judge reduced the award to the upper limit of $274,000 and permitted the plaintiff to amend the statement of claim to match this amount.

The defendants appealed, arguing the award was excessive, and the plaintiff cross-appealed, arguing the cap should not apply.

The Court of Appeal held that the trial judge correctly applied the cap and allowed the amendment, but found the $274,000 award excessive.

The Court substituted its own assessment of $150,000 for general damages.