The City of Toronto sought substantial indemnity costs of $75,000 after successfully obtaining summary judgment against the plaintiff, Dimostenis Karpouzis, in an occupier's liability and public nuisance action.
The City argued that Karpouzis's conduct unduly lengthened the proceedings and that he rejected offers to settle.
The court awarded the City partial indemnity costs of $55,000, finding that while Karpouzis's delays were a factor, the City's offers to settle were "strategic bullying" rather than genuine attempts to resolve a serious personal injury claim, and thus did not warrant a punitive costs award on a substantial indemnity scale.
