Plaintiff awarded $424,584 in partial indemnity costs despite recovering only $150,000 due to defendants' hardball tactics.
Following a wrongful dismissal trial where the plaintiff was awarded approximately $150,000 in damages, the court determined the costs of the action.
The plaintiff sought over $600,000 on a substantial indemnity basis, while the corporate defendants argued no costs should be awarded due to proportionality and settlement offers.
The court awarded the plaintiff partial indemnity costs of $424,584.33, finding that the defendants' 'hardball' litigation tactics and pursuit of a baseless after-acquired cause defence unnecessarily prolonged the trial.
The court also denied costs to the successful individual defendant, finding her conduct was the fundamental reason the trial was necessary.
SCJSuperior Court of JusticeFeb 6, 2017
