Daniel Bartley

Following the dismissal of the appellant's appeal, the successful respondents sought costs totaling approximately $98,000 on a substantial indemnity basis.

The appellant conceded the respondents' entitlement to costs but argued the quantum was excessive, suggesting $20,000 was appropriate.

The Divisional Court reviewed the factors under Rule 57.01, noting the appeal was not particularly complex despite the appellant's conduct lengthening the proceedings.

Applying the principle that costs must be fair and reasonable rather than an exact measure of actual costs, the court found the respondents' claimed hours and amounts to be unreasonable.

The court fixed total costs at $25,000, apportioned among the three respondent groups.

The appellant appealed a civil jury verdict dismissing his claims for assault, negligence, and intentional infliction of nervous shock against police, ambulance attendants, and store security, and awarding damages on the respondents' counterclaims.

The appellant argued the trial judge erred by refusing adjournments, admitting prejudicial expert testimony, and excluding medical reports.

The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's discretionary rulings on adjournments and evidence, and concluding there was a sufficient basis for the jury's punitive damages award.