This decision addresses the costs arising from a successful motion brought by the defendant, Bombardier Transportation Canada Inc., against the plaintiff, Nicole Barrette.
Bombardier sought approximately $16,780.50 in partial and substantial indemnity costs under Rule 49.10, having been entirely successful in the underlying motion.
Barrette argued the claim was excessive and disproportionate, suggesting $1,500, citing the simplified procedure limits under Rule 76 and the limited impact of some motion issues on the overall litigation.
The court, exercising its discretion under Rule 57.01(1), considered the offer to settle, proportionality, and local counsel rates, ultimately awarding Bombardier $5,000 in costs, inclusive of fees, disbursements, and HST.
