This endorsement addresses a costs dispute following the settlement of a personal injury claim.
The plaintiffs' action had settled, and the infant plaintiff's settlement was approved.
The remaining issue was the allocation of costs between two sets of defendants: 1583170 Ontario Inc. (the plaza owner) and the Big Bear Food companies (the franchisor).
Despite other parties agreeing to release the Big Bear Food companies early in the litigation, 1583170 Ontario Inc. insisted they remain, leading to warnings that costs would be sought against them.
The court found that the Big Bear Food companies were entitled to partial indemnity costs from 1583170 Ontario Inc. While the Big Bear Food companies requested over $80,000, the court awarded $35,000, inclusive of disbursements and HST, emphasizing reasonableness, proportionality, and the limited exposure and role of the Big Bear Food companies in the overall litigation.
