Following a jury trial arising from a pedestrian–motor vehicle collision and related assault, the plaintiff recovered modest damages totalling $3,720 plus prejudgment interest.
The court considered prejudgment interest under s. 128(3) of the Courts of Justice Act and awarded the amount claimed.
The primary issue concerned costs where the recovery fell within the monetary jurisdiction of the Small Claims Court.
Applying Rules 57.01 and 57.05 of the Rules of Civil Procedure, the court declined to deny costs entirely but held that the modest recovery and settlement offers justified a significantly reduced award.
Partial indemnity costs were awarded at a substantially lower level than claimed.
