This endorsement addresses costs and pre-judgment interest following a trial where the plaintiff was awarded $15,000 in non-pecuniary general damages and an OHIP subrogated claim for injuries sustained from a fall on an uneven sidewalk.
Despite the judgment amount falling within the Small Claims Court jurisdiction, the court declined to deprive the plaintiff of costs, citing the defendant's unreasonable litigation conduct and lack of meaningful settlement attempts.
The court fixed the plaintiff's costs at $15,000, inclusive of disbursements and HST, and pre-judgment interest on non-pecuniary damages at $1,350 (approximately 2.5%), noting both parties' disproportionate expenditure on the case.
