Following a trial where the plaintiff's negligence action was dismissed on causation, the successful defendants sought partial indemnity costs of approximately $60,000.
The court considered the plaintiff's success on the issues of duty of care, breach, and foreseeability, which consumed significant trial time.
The court also factored in the economic disparity between the personal plaintiff and the insurer-backed defendants, who refused to mediate or make a Rule 49 offer.
After deducting the plaintiff's costs thrown away from two trial adjournments and the costs of an expert witness whose testimony would have been unnecessary had the defendants complied with statutory requirements, the court reduced the remaining costs by 50% to reflect the plaintiff's partial success on the issues.
The plaintiff was ordered to pay costs of $13,743.92.
