Joseph Kennedy

Decision on costs following a trial judgment in a civil action.

The defendant argued no costs should be payable because the award was under $200,000 and the action should have proceeded under Rule 76 Simplified Procedure.

The court rejected this argument, finding it was reasonable for the plaintiff to have commenced and continued the action under ordinary procedure given the claims for general and punitive damages were not vexatious.

Applying the factors under Rule 57.01, the court awarded the plaintiff partial indemnity costs of $77,264.97, noting the plaintiff's multiple settlement offers exceeded the trial outcome except for one early offer.

The plaintiff contractor brought an action to enforce a construction lien for unpaid invoices related to the installation of windows and doors at the defendants' home and detached garage.

The defendants counterclaimed for breach of contract, negligence, and negligent misrepresentation, alleging the work was defective and incomplete.

The Superior Court of Justice found that the contractor had substantially completed the work and that the defendants fundamentally breached the contracts by refusing to pay the balance owing.

The court dismissed the defendants' counterclaim, finding no negligence or misrepresentation, and awarded the plaintiff $31,579.01 on a quantum meruit basis.