Mr. Koerth

The plaintiff was largely successful at a three-week construction lien trial, recovering $143,787.65.

The plaintiff sought costs on a substantial indemnity basis, relying on three offers to settle that were all beaten at trial.

The court awarded the plaintiff $180,739.70 in all-inclusive costs, finding that the defendants unreasonably resisted the claim and that proportionality should not be rigidly applied to undercompensate a successful party facing an unmeritorious defence.

The court also awarded pre-judgment and post-judgment interest at the contractual rate of 12% calculated daily on the lien-able portion of the judgment, and at the Courts of Justice Act rate on the damages for breach of contract.

Following a trial where both the plaintiffs' construction claim and the defendants' counterclaims were dismissed, the court determined the issue of costs.

The plaintiffs had claimed $100,000 for deficiencies and breach of contract, while the defendants counterclaimed for mental distress and injurious falsehood.

Despite divided success, the court found the plaintiffs should not have pursued their claim and that the defendants were entitled to costs for defending the main action.

Applying principles of proportionality and reasonableness, the court awarded the defendants $70,000 in all-inclusive costs.

The appellant appealed a trial judgment regarding a construction dispute, arguing the trial judge erred in calculating delays caused by the lack of a building permit and wiring changes, as well as compensation for office overhead and interest.

The Court of Appeal dismissed the appeal, finding that the trial judge's conclusions were amply supported by the record and expert evidence.