The plaintiff sought costs following a successful summary judgment motion in a wrongful dismissal action.
The court had previously awarded the plaintiff eight months' notice and a pro-rated bonus, totaling $106,883.02.
The plaintiff requested costs of $71,701.63 on a mixed partial and substantial indemnity basis, relying on a Rule 49 offer to settle.
The defendant argued the requested costs were excessive and disproportionate, suggesting $20,000.
The court, applying Rule 57.01 factors and the principle of proportionality, found the plaintiff's counsel's time spent disproportionate to the case's complexity, despite the plaintiff's success and a favourable offer to settle.
The court fixed the plaintiff's costs at $35,000 plus HST and disbursements.
