David F. Smye

Following an assessment hearing relating to costs, the court considered written submissions from the parties regarding entitlement to costs of the assessment proceeding itself.

The moving party argued that costs should be awarded because participation in the hearing was necessary to quantify the costs previously awarded.

The responding party argued that the amounts claimed had been substantially reduced during the assessment.

The court concluded that success was divided and that it was appropriate for each party to bear its own costs.

Following a successful trial in an accident benefits dispute, the parties were unable to agree on the quantum of trial costs after the Court of Appeal permitted submissions on the issue.

The plaintiff sought nearly $297,000 in legal fees plus significant disbursements, including expert accounts with high compound interest.

The court held that the interest component of the damages under the Statutory Accident Benefits Schedule did not justify treating the litigation as a $500,000 case for costs purposes.

The hourly rates claimed by plaintiff’s counsel were reduced and significant reductions were made to the claimed fees and certain disbursements.

The court fixed partial indemnity fees at $170,000 plus GST and disallowed interest claimed on expert disbursements.