Following dismissal of a motion to enforce an alleged settlement of a personal injury action, the court addressed the quantum of costs payable personally by the plaintiff’s former lawyer whose misleading communications had precipitated the motion.
The court reviewed the principles governing costs under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, including fairness, reasonableness, proportionality, and the reasonable expectations of unsuccessful parties.
Although the successful parties sought higher amounts on a substantial indemnity scale, the court examined comparable settlement‑enforcement motions and determined that the reasonable range was significantly lower.
Costs were fixed at $11,127.20 payable to the plaintiff and $7,781.66 payable to the TTC.
