Gabriel Flatt

Following the dismissal of the defendant's summary judgment motion and the plaintiff's boomerang motion, the court determined costs.

The plaintiff sought substantial indemnity costs of $65,543 or partial indemnity costs of $48,078, relying on an offer to settle and Rule 20.06.

The defendant argued for costs of $12,199 or no costs.

The court found the plaintiff was the successful party but declined to award substantial indemnity costs, noting the offer to settle was more of a capitulation than a compromise and the defendant did not act unreasonably.

The court awarded the plaintiff partial indemnity costs of $48,078 inclusive of disbursements and HST.

The defendant brought a motion for summary judgment to dismiss the plaintiff's long-term disability claim, arguing the plaintiff was not totally disabled prior to his termination.

The plaintiff brought a cross-motion for summary judgment.

The court dismissed both motions, finding that the conflicting medical evidence and questions regarding the plaintiff's credibility and the exact onset date of his disability created genuine issues requiring a trial.