Following a jury trial where the defendants were found not liable for an assault on the plaintiff by other bus passengers, the defendants sought costs of $52,599.40.
The plaintiffs argued for a moderate costs award of $5,000 to $10,000 due to financial hardship and the reasonableness of the claim.
The court exercised its discretion under section 131 of the Courts of Justice Act and Rule 57.01, fixing costs at $10,000 all inclusive, noting the plaintiff's significant injuries and financial hardship.