Following the defendant’s successful motion for summary judgment dismissing the action, the defendant sought partial indemnity costs totaling $27,176.08.
The plaintiff argued that each party should bear their own costs, citing the public interest nature of the claim concerning the rights of a disabled employee, her modest means, and proportionality concerns relative to the value of the claim.
The court held that the case did not raise issues of sufficient public policy importance to justify denying costs to the successful party.
However, the court found duplication of effort and excessive billing rates for work that could have been performed by junior counsel.
Costs were therefore reduced and fixed at $13,000 inclusive of disbursements and HST, payable within 12 months without interest.
