Following a trial where the plaintiff recovered approximately $290,000 in damages for battery, assault, human rights violations, and wrongful dismissal against his former employer, the court determined the issue of costs.
The plaintiff sought substantial indemnity costs of over $122,000, while the defendants argued for no costs or nominal costs because the plaintiff recovered significantly less than the $2.3 million claimed.
The court found the plaintiff was substantially successful and awarded partial indemnity costs of $80,000, apportioned 75% to the corporate defendant and 25% to the individual defendant.
The plaintiff's request for an enhanced interest rate of 10% was dismissed.