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Plaintiffs awarded partial indemnity costs despite recovering under $100,000; costs insurance premium allowed as disbursement.
Following a jury trial where the plaintiffs recovered $68,250 in damages, the court determined the appropriate quantum of costs.
The defendant argued that no costs should be awarded under Rule 76.13 because the recovery was under $100,000.
The court rejected this argument, finding it was reasonable to use the ordinary procedure given the substantial loss of income claim advanced at trial.
The court reduced the plaintiffs' claimed costs due to the failure of the loss of income claim, excessive rates, and duplication of work.
The court also allowed the plaintiffs' disbursement for costs insurance, noting it promotes access to justice.
The plaintiffs were awarded $58,000 in fees and $28,000 in disbursements, plus HST.
