Following a three-week trial where the plaintiff's action for negligent misrepresentation, negligence, and defamation was dismissed, the successful defendants sought costs of over $523,000.
The defendants relied on an offer to settle for $100,000.
The court found that the defendants' fees were disproportionate and that the federal government had failed to meet its document production obligations, which unnecessarily lengthened the trial.
Balancing the defendants' success and offer to settle against their improper conduct regarding document disclosure, the court fixed costs at $100,000 all-inclusive.
