Following an unsuccessful personal injury action where a jury found no negligence on the defendant's part but assessed damages over $300,000, the court rendered a decision on costs.
The defendant sought substantial indemnity costs totaling over $485,000.
The plaintiffs argued for no costs, citing the exceptional "inevitable accident" finding and access to justice principles.
The court awarded the defendant partial indemnity costs from the date of their offer to settle, but significantly reduced the quantum to $184,000, inclusive of fees, HST, and disbursements.
The court declined to award costs against the Family Law Act claimants and limited the award to Katherine Pyatt, emphasizing reasonableness, access to justice, and the specific circumstances of the case.
