Following a jury trial where the plaintiff was awarded damages for injuries sustained at a speedway, the parties could not agree on the quantum of costs.
The plaintiff sought partial indemnity costs of $269,371, while the defendant proposed $150,000.
The court considered factors including the principle of proportionality, the defendant's unreasonable refusal to mediate, and the plaintiff's extensive use of jury focus groups.
The court adjusted the plaintiff's claimed hourly rates and time spent, but penalized the defendant for refusing to mediate, ultimately fixing costs at $210,000 plus taxes.
