Following a successful trial judgment awarding damages for unpaid loans, the court determined the appropriate costs award.
The successful plaintiff sought partial indemnity costs to the date of a settlement offer and substantial indemnity costs thereafter, relying on Rule 57.01 and the fact that the trial result exceeded the offer.
The court reduced certain trial preparation hours but otherwise found the rates and time spent reasonable.
A co-defendant who had not opposed the claim but had defended against cross-liability from the other defendant was also awarded costs.
Costs payable by the remaining defendant were fixed notwithstanding a consumer proposal filed under the Bankruptcy and Insolvency Act after trial but before the costs determination.
