Mr. Ferguson

Following a five-week trial where the plaintiffs succeeded in claims for breach of fiduciary duty and conspiracy, the court determined the appropriate scale and quantum of costs.

The plaintiffs sought over $6.2 million on a substantial indemnity basis.

The court rejected substantial indemnity costs, finding the defendants' litigation conduct did not warrant such a sanction and the pre-litigation conduct was already addressed through punitive damages and disgorgement.

The court awarded partial indemnity costs of $2,200,000 for the action and $20,000 for the counterclaim, apportioning liability among the defendants based on the claims.

Following a commercial trial concerning the valuation of a single common share under a share purchase agreement, the plaintiff obtained judgment significantly exceeding a pre‑trial offer to settle.

The court considered costs under Rules 49 and 57.01 of the Rules of Civil Procedure and the discretion under s.131 of the Courts of Justice Act.

Because the plaintiff’s Rule 49 offer was more favourable than the judgment ultimately obtained, the court held that the plaintiff was entitled to partial indemnity costs to the date of the offer and substantial indemnity costs thereafter.

The court rejected the defendants’ objections to expert report disbursements and counsel fees, finding the litigation complex and the amounts reasonable and proportional.

Costs were fixed in the total amount of $60,458.99.