This was a post-trial costs decision following judgment for the plaintiff in an unpaid accounts action.
The defendants argued the plaintiff should be denied costs for not proceeding under Rule 76 and opposed the claimed prejudgment interest rate of two percent per month.
The court held that the earlier trial finding rejecting any contractual interest rate could not be revisited, and maintained prejudgment interest at the Courts of Justice Act rate from issuance of the claim.
Applying the costs factors in s. 131 and rule 57.01, the court found the plaintiff entitled to costs under the ordinary procedure but reduced both fees and expert disbursements on proportionality grounds.
