Following a jury trial arising from a motor vehicle accident in which the plaintiff recovered $794,603 in damages, the court determined the appropriate costs award.
The plaintiff sought partial indemnity costs to the date of an offer to settle and substantial indemnity costs thereafter under Rule 49.10 of the Rules of Civil Procedure.
The defendants argued the plaintiff’s legal fees and disbursements were excessive, including the use of two senior counsel and multiple expert reports.
The court found the litigation complex and lengthy, noting the plaintiff’s complete success at trial and the defendant’s failure to make reasonable settlement offers.
Applying the discretion under s.131 of the Courts of Justice Act and Rule 57 principles, the court fixed costs significantly in favour of the plaintiff while disallowing certain expert disbursements for witnesses not called at trial.
