Following the dismissal of the plaintiffs' personal injury claims at a jury trial, the court assessed costs payable to the successful defendants.
The plaintiff argued impecuniosity, but the court found he failed to meet the evidentiary threshold to prove an inability to pay.
The court awarded the defendants partial indemnity costs up to the date of their reasonable settlement offer, and substantial indemnity costs thereafter, fixing total fees at $180,000 plus HST and disbursements at $51,554.18.
