James Wishart

Following a trial where the plaintiff was awarded damages and punitive damages due to the defendants' reprehensible conduct, the parties made written submissions on costs.

The court determined the proper calculation of pre-judgment interest under the Courts of Justice Act, finding the plaintiff was entitled to a single rate rather than a quarter-by-quarter calculation.

With the total judgment calculated at $1,196,682, the plaintiff beat the defendants' Rule 49 settlement offers.

The court awarded the plaintiff costs fixed at $300,000 on a substantial indemnity basis.

Following a 3-day hearing to determine the valuation of the plaintiff's 50% shareholding interest in a group of companies, the court awarded costs to the defendants.

The court found the hearing was unnecessary as the plaintiff had unsuccessfully challenged a court-appointed business valuator's report and the defendants had made a reasonable buyout offer prior to the hearing.

Costs were awarded to the defendants on a substantial indemnity scale in the amount of $89,039.24, plus $25,000 for a portion of the valuator's fees.