The court issued a costs endorsement following post-trial motions concerning the assignment of Long Term Disability (LTD) benefits, pre-judgment interest (PJI) rates, and tax treatment of LTD benefits.
The defendant sought partial indemnity costs for these motions, while the plaintiff argued for each party to bear their own costs, citing legal developments and novelty of arguments.
The court awarded the defendant $8,000 in partial indemnity costs for the PJI portion of Motion 1, finding the plaintiff's argument on PJI not novel.
For the assignment and tax treatment issues (Motion 1 and Motion 2), the court found both parties responsible for the lack of agreement and ordered them to bear their own costs.
The court also addressed costs for preserving the plaintiff's LTD rights, which were to be paid by Aviva on a full indemnity scale, with quantum to be resolved by the parties or fixed by the court.