The Plaintiffs sought partial indemnity costs of $117,629.60 after recovering modest damages (under $50,000 each) in an action against the Ottawa Police Services Board and several officers for negligent investigation, false arrest, unreasonable search and seizure, negligence in training, and Charter rights breaches.
The Defendants argued no costs should be awarded due to the low recovery, suggesting the case should have proceeded under Simplified Procedure.
The court found it reasonable for the Plaintiffs to have used the ordinary procedure given the importance of Charter rights, the need for discovery, oral evidence, and the complexity of legal issues.
However, the court found the Plaintiffs' counsel's docketing heavy, hourly rates inappropriate for the entire eight-year litigation, and the use of two senior lawyers unjustified given the modest recovery.
Considering proportionality and the importance of the issues, the court awarded the Plaintiffs $65,000 in costs, less $3,750 owed to the Defendants for an unsuccessful motion, resulting in a net recovery of $61,250.
