Dr. Tavazzani

This decision addresses the costs award following a jury verdict in favour of the Plaintiff.

The Plaintiff sought costs on an actual indemnity basis, arguing complete success and a more favourable Rule 49 offer to settle compared to the Defendants' "hardball" offer.

The court, applying Rules of Civil Procedure 57.01 and 49, found the Plaintiff was the successful party and that the Defendants' unreasonable settlement position warranted a higher costs award.

The court awarded the Plaintiff costs on a partial indemnity basis up to September 15, 2023, and substantial indemnity thereafter, totaling $284,800.73, emphasizing that the principle of proportionality had minimal bearing due to the Defendants' conduct.

The plaintiff slipped and fell on a patch of ice in Nathan Phillips Square, suffering a fractured leg.

He sued the City of Toronto for damages under the Occupiers' Liability Act.

The court found that the City breached its duty of care by failing to identify and remove the unsafe ice patch in a high-traffic area.

However, the court also found the plaintiff 50% contributorily negligent for failing to keep a proper lookout.

General damages were assessed at $45,000, subject to the 50% reduction.