This endorsement determines costs following a trial involving two consolidated insurance claims: a Wall Collapse Claim and a Fire Loss Claim.
The plaintiffs (Lalani) succeeded on the Fire Loss Claim against Intact Insurance, being awarded substantial damages, while their Wall Collapse Claim was dismissed.
A negligence claim against the Broker (D.M. Edwards and CG&B) related to the Fire Loss Claim was also dismissed.
The court allocated costs 70% to the Fire Loss Claim and 30% to the Wall Collapse Claim.
Lalani was awarded partial and substantial indemnity costs against Intact for the Fire Loss Claim.
No costs were awarded for the dismissed claim against the Broker due to their adversarial position and the nature of their offer to settle.
Intact was awarded partial and substantial indemnity costs against Lalani for the dismissed Wall Collapse Claim, based on a public policy objective of promoting settlements.
