The court considered costs following a jury trial where the plaintiff was awarded damages and prejudgment interest.
The defendants argued they were the successful parties and sought costs under Rule 49.10, claiming their offer to settle (inclusive of an OHIP subrogated claim) was more favourable than the judgment.
The court found the defendants' offer uncertain regarding the OHIP claim, thus not triggering Rule 49.10.
While the plaintiff was the successful party in proving negligence and damages, there was divided success as the defendants prevailed on a major causation issue.
Considering the plaintiff's unreasonable settlement expectations and the divided success, the court ordered each party to bear their own costs.
