Following a trial in which the plaintiffs’ occupiers’ liability claim arising from a fall in a municipal park was dismissed, the defendant municipality sought costs.
The court held that as the successful party the defendant was entitled to its costs of the proceeding on a partial indemnity basis.
A defence offer to settle consisting of dismissal without costs was found largely irrelevant to the costs determination.
After reviewing the costs outline, the court reduced the defendant’s requested amount as excessive and disallowed certain charges, including those related to other dismissed Family Law Act claims.
The court fixed costs for trial and pre‑trial work and awarded a total amount including HST and disbursements.