Following a wrongful dismissal trial in which the plaintiff recovered damages against the municipal employer but failed against several individual defendants, the court determined the appropriate costs consequences.
Applying Rule 49.10 of the Rules of Civil Procedure, the plaintiff was awarded partial indemnity costs to the date of his settlement offer and substantial indemnity costs thereafter because the judgment exceeded the offer.
The court assessed reasonable hourly rates for counsel and reduced excessive paralegal time and rates while disallowing law clerk administrative costs.
The successful individual defendants were awarded partial indemnity costs for their defence.
A Sanderson order was granted requiring the municipal defendant to pay the costs of the successful individual defendants given the unusual and confusing factual circumstances that justified joining all defendants in the action.
