This endorsement addresses the costs arising from a trial where the Plaintiff, 2599475 Ontario Inc., was successful in proving the cause of a truck engine failure.
The Plaintiff sought partial indemnity costs of $17,038.68, while the Defendant, 2549445 Ontario Inc. trading as House of Diesel, argued for a reduction, citing the Plaintiff's lower recovery than initially sought and the Defendant's partial success on damages and in resisting a summary judgment motion.
The court awarded the Plaintiff $15,000 in partial indemnity costs, finding the quantum generally reasonable but applying a modest reduction due to the Plaintiff having advanced duplicative and unjustified damage claims.