Following a jury trial arising from a motor vehicle accident, the plaintiff obtained a damages award after the jury found the defendant negligent.
The plaintiff sought substantial indemnity costs of approximately $547,000 or partial indemnity costs of approximately $417,000, while the defendant argued costs should be limited to $100,000 in fees and $50,000 in disbursements.
Applying Rule 57.01 of the Rules of Civil Procedure and the guidance from Boucher v. Public Accountants Council for the Province of Ontario, the court considered factors including the importance of the claim, the complexity of the medical evidence, the conduct of the parties at trial, and the proportionality of costs to the damages recovered.
The court concluded that substantial indemnity costs were not justified but that significant partial indemnity costs were appropriate given the complexity of the evidence and trial process.
