Following a successful medical malpractice trial resulting in a $5.3 million judgment for the plaintiffs, the court assessed costs.
The plaintiffs had beaten their $4.5 million offer to settle, entitling them to substantial indemnity costs from the date of the offer.
The court considered the complexity of the case, the extensive expert evidence required, and the proportionality of the costs to the recovery, ultimately fixing costs at $2,201,259 inclusive of fees, disbursements, and HST.
