The plaintiff, Margaret Godard, sought partial indemnity costs after settling her claim against Intelcom Courier Canada Inc. for $70,000, four days before trial.
The court was tasked with fixing costs, applying Rule 57 of the Rules of Civil Procedure, rather than Rule 58, as the parties had agreed to have costs fixed by a judge.
The court considered the principle of indemnity, reasonable expectations, and proportionality.
It found the plaintiff's costs claim to be reasonable overall, with a minor deduction of $497.17 for expert travel expenses that were not incurred.
The court fixed costs at $70,000, inclusive of HST and disbursements, finding this amount struck an appropriate balance given the circumstances, including Intelcom's late acceptance of the settlement offer and its conduct during litigation.
