This was a costs ruling following an appeal involving the Motor Vehicle Accident Claims Fund and an insurer.
The successful responding party sought partial indemnity costs of $7,500 from total accounts of $10,072.45, while the unsuccessful party argued the appeal was not complex and proposed $5,000.
The court applied Rule 57.01 and the principle of indemnity, emphasizing the importance of the issue to both the parties and the motor vehicle insurance industry, the time spent by senior counsel, and the quality of the materials and submissions.
The court held that $7,500 inclusive of GST and disbursements was fair and reasonable.