Following a jury trial arising from a motor vehicle accident, the plaintiff was found 10 percent liable while the defendants were found 90 percent liable, but the plaintiff failed to meet the statutory threshold for recovery of damages under the Insurance Act.
As a result, she recovered no damages and the defendants sought costs exceeding $100,000.
The court considered the discretionary framework under s. 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, including settlement offers, the importance and complexity of the case, and the plaintiff’s reasonable expectations.
Significant weight was placed on the plaintiff’s demonstrated impecuniosity and her self-represented status at trial.
The court held that awarding costs would have no practical utility and could deter access to justice for self-represented litigants.
