Joshua West, a plaintiff in a motor vehicle accident case, sought substantial indemnity costs following a jury verdict awarding him $710,000 in damages.
The defendant, Robin West, opposed the amount and sought costs against the co-plaintiff, Robert West, whose claim was dismissed at trial.
The court, applying factors under Section 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, reduced Joshua West's requested fees, finding that two senior counsel were not required and substantial indemnity applied only from the date of his Rule 49 offer.
The court also allocated a portion of preparation time to Robert West's dismissed claim.
Ultimately, Joshua West was awarded $225,000 in fees plus $67,554.49 in net disbursements, while Robert West was ordered to pay the defendant $10,000 in costs.
No costs were awarded for a mixed-result motion regarding calling Robin West as a witness.
