Following a jury trial in a personal injury action, the jury awarded the plaintiff damages for loss of competitive advantage but no non‑pecuniary damages or past income loss.
The court subsequently determined that the plaintiff failed to meet the statutory threshold and dismissed the action.
The defendant sought substantial indemnity costs relying on a pre‑trial offer to settle and alleged misconduct in pursuing the claim.
The court held that elevated costs require a clear finding of reprehensible or egregious conduct, which had not been established.
Costs were therefore fixed on a partial indemnity basis.
