This was a costs decision following a jury verdict in an insurance coverage dispute arising from a commercial fire loss.
The plaintiff recovered the balance of an endorsement after the insurer denied liability despite an alleged promise to pay if a code-compliant structure was rebuilt.
The court held that full indemnity costs were not justified on the misconduct record, but gave elevated weight to indemnity, the insurer's serious misconduct, and a reasonable withdrawn offer to settle under Rule 49.13.
Costs were fixed at $200,000 plus HST and $50,000 in disbursements, and prejudgment interest was awarded at an averaged 2.15% rate over the ten-year period.
