Gregory Brimblecombe

Following the dismissal of the plaintiff's action for well contamination, the court determined costs.

The plaintiff conceded liability for the defendant's partial indemnity costs but disputed liability for the third parties' costs.

Applying the principles from Guarantee Co. of North America, the court found it fair to order the plaintiff to pay the successful third parties' costs, as the main issue litigated was between the plaintiff and the third party who applied the biosolids.

The court fixed total costs at $70,000, apportioned among the defendant and two third parties, noting that the costs claimed were disproportionate to the modest nature of the case and criticizing the parties' failure to make reasonable settlement offers.

Following dismissal of a civil action arising from an oil leak and claimed remediation damages exceeding $1 million, the successful defendants sought partial indemnity costs and disbursements totalling $210,000.

The plaintiffs argued the fees were excessive, that success at trial was divided regarding remediation issues, and that certain disbursements and expert expenses were unreasonable.

The court applied Rule 57.01 of the Rules of Civil Procedure and rejected the argument of divided success, emphasizing that the overriding issue was liability and the defendants were wholly successful.

The court also found the expert report and other disbursements reasonable and proportionate to the complexity and duration of the litigation.

Costs were fixed in favour of the defendants.