The Plaintiff sought partial indemnity costs following a 15-day civil jury trial where she recovered $168,000 after a 30% finding of contributory negligence.
The Defendants argued for a reduction in costs, citing partial success on liability and future income claims, excessive preparation time, use of two senior counsel, and disbursements for out-of-town counsel and uncalled witnesses.
The court considered Rule 57 factors, including success, amount recovered, complexity, and offers to settle.
The Plaintiff's offer to settle was not exceeded, and the Defendants' offers were not close to the recovery.
The court reduced costs for using two senior counsel and disallowed disbursements for most uncalled witnesses, but allowed half of the out-of-town counsel's travel expenses.
The Defendants were ordered to pay $145,000 in fees plus HST and $85,000 in disbursements inclusive of HST.
