Following a jury trial dismissing an occupiers’ liability claim arising from a workplace accident at a homeowner’s property, the successful defendant sought costs.
The defendant had previously delivered a Rule 49 offer to dismiss the action without costs, which was more favourable than the eventual jury verdict.
The court considered the discretion under s.131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, including the simplicity of the case, the modest value of the claim, and the conduct of the litigation.
While the defendant was entitled to costs, the court found the requested amounts excessive for what was effectively a simple case resembling a Small Claims Court matter.
The court fixed modest costs payable by the plaintiff.
