Following the plaintiff's acceptance of the defendant's offer to settle a motor vehicle accident claim for $30,000 plus partial indemnity costs and disbursements, the court was tasked with assessing the costs.
The plaintiff sought $72,278 in fees and $121,045 in disbursements, while the defendant argued for a total of $55,000 based on proportionality.
The court reduced the fees to $30,000 to reflect proportionality but allowed the full $121,045 for disbursements, noting they were reasonably incurred before the defendant produced a contradictory engineering report and made the settlement offer.
