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.
