The plaintiff's action for damages from a motor vehicle accident was dismissed after a jury award for lost income and general damages was netted to zero due to deductions for income replacement benefits and the statutory deductible.
The defendants, being wholly successful, sought partial indemnity costs of $160,000.
The plaintiff argued costs should be limited to her $100,000 adverse costs insurance policy and that the defendant's settlement offers were unreasonable.
The court found adverse costs insurance irrelevant and the defendant's settlement offers reasonable, fixing costs at $160,000 inclusive of disbursements and HST, payable by the plaintiff.
