Following a successful summary judgment motion for wrongful dismissal where the plaintiff was awarded $149,662.50 in damages, the court determined the appropriate costs award.
The plaintiff sought full indemnity costs or, alternatively, partial indemnity to the date of a Rule 49 offer and substantial indemnity thereafter.
The court rejected full indemnity costs as the defendant's conduct in the litigation was not reprehensible.
Applying the principles of reasonableness and proportionality, the court awarded the plaintiff costs on a blended scale totalling $38,156.25 inclusive of disbursements and HST, noting the plaintiff's efficient use of a single senior lawyer compared to the defendant's heavily staffed file.
