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Successful defendant received partial indemnity costs of $15,000.
This was a costs endorsement following dismissal of the plaintiff’s civil action.
The successful defendant sought substantial indemnity costs, relying on offers to settle and the plaintiff’s failure to proceed in Small Claims Court or under the Simplified Procedure.
The court held that costs should follow the event and that the defendant was at least entitled to partial indemnity costs from the date of its compliant Rule 49 offer.
Taking into account the defendant’s success but also findings of unprofessional account handling and systematic errors that contributed to the dispute, the court fixed partial indemnity costs at $15,000 all-inclusive.
Action for breach of contract and misrepresentation dismissed as plaintiff's telephone account was in arrears.
The plaintiff, a lawyer, sued Bell Canada for breach of contract and misrepresentation after Bell disconnected his telephone services.
The plaintiff alleged that Bell failed to maintain a six-month seasonal suspension of his phone number.
Bell argued that the plaintiff's account was in arrears, justifying the termination.
The court found that the plaintiff failed to prove his account was in good standing and that he had not paid the required fees.
The court also found that Bell's Terms of Service applied to the contract.
The plaintiff's claims were dismissed.
