Following a jury trial arising from a motor vehicle accident that resulted in a damages award exceeding $1 million, the court addressed post‑trial issues of costs and pre‑judgment interest.
The statutory third party insurer had denied coverage but fully participated in the litigation under s. 258 of the Insurance Act.
The court held that the insurer’s litigation positions and refusal to accept the plaintiff’s settlement offers necessitated the lengthy trial and justified significant cost consequences.
Pre‑judgment interest under the Courts of Justice Act was awarded as claimed.
The court fixed costs in favour of the plaintiffs, including partial indemnity costs to trial and substantial indemnity costs thereafter.
