Following a jury trial determining apportionment of liability between two defendants in a motor vehicle accident, the successful defendant sought costs relying on an offer to contribute made under Rule 49.
The jury had apportioned liability 85% against the responding defendant and 15% against the moving defendant after the parties had settled the plaintiff’s claim for $1.2 million.
The moving defendant sought partial indemnity costs up to the offer and substantial indemnity thereafter, while the responding defendant argued for a modest partial indemnity award.
The court held that Rule 49.12 governing offers to contribute between defendants does not entitle a successful party to substantial indemnity costs.
Balancing the Rule 57.01 factors and the circumstances of the six-day jury trial, the court awarded partial indemnity costs of $50,000 plus HST and expert witness fees.
