Mark A.D. Coleman

Following a successful appeal regarding the apportionment of damages, the court determined the costs of the appeal and cross-appeal.

The third parties were ordered to pay partial indemnity costs of $50,000 to the appellants and $75,000 to the respondents.

The appellants were ordered to pay $30,000 in partial indemnity costs to the respondents, as the respondents were required to address all issues initially raised by the appellants.

The appellants, an engineering firm and its principal, appealed a trial judgment apportioning liability for damages between them and their insurers.

The trial judge found the appellants liable in negligence and breach of contract for errors and delays in engineering drawings for a construction project.

The trial judge apportioned 45% of the damages to the appellants and 55% to the insurers, based on an exclusion clause for delay.

The Court of Appeal allowed the appeal, finding that all delays were caused by the appellants' negligence in having to correct errors, which was covered under the policy.

The insurers' cross-appeal regarding the assessment of damages and the date used for foreign currency conversion was dismissed.