The court issued an endorsement on costs and the deductibility of a prior settlement following a jury trial.
The plaintiffs were awarded damages and punitive damages against the defendants.
The court ruled that a settlement received by one plaintiff from the City of Brampton, explicitly labeled as general damages, was not deductible from the jury's award for loss of income, rejecting the defendants' claim of double recovery.
Regarding costs, the court found the defendants' Rule 49 offer to be improper due to its non-severable nature for multiple plaintiffs and that the plaintiffs' net award exceeded the offer.
Considering the complexity, importance of issues, and the defendants' aggressive litigation tactics, the court awarded the plaintiffs partial indemnity costs, fixing the total at $445,000, which included fees, disbursements, and costs thrown away due to an adjournment.
