This decision addresses costs and pre-judgment interest following an eight-day trial involving two separate actions.
In the first action, Sjostrom Sheet Metal Ltd.'s lien and contract claims against Geo A. Kelson Company Limited were dismissed, leading to Kelson being awarded costs.
In the second action, A. Amar and Associates Ltd. successfully proved its contract claim against Kelson, resulting in Amar being awarded judgment and costs.
The court fixed Kelson's costs against Sjostrom at $123,270.92 and Amar's costs against Kelson at $173,025.17.
Pre-judgment interest for Amar was set from the date its statement of claim was issued, emphasizing that issues are framed by pleadings.
The decision applied principles of proportionality and offers to settle, awarding substantial indemnity costs from the date of relevant offers.