This decision addresses the quantum of costs payable to the plaintiffs following the settlement of a motor vehicle accident action.
The court considered the principles of fair and reasonable costs under Rule 57.01(1) of the Rules of Civil Procedure, emphasizing proportionality and the defendants' failure to engage in mandatory mediation under the Insurance Act.
Despite the plaintiffs abandoning claims for substantial or augmented costs, the court found the partial indemnity costs sought by the plaintiffs to be fair, reasonable, and proportionate, considering the complexity and length of the litigation, and the defendants' conduct in prolonging the process.
