Following a trial where the plaintiff was awarded $2,608,798 in damages and successfully defended a counterclaim, the court determined costs and pre-judgment interest.
The court rejected the defendants' request for a distributive costs analysis and the plaintiff's request for substantial indemnity costs, finding the defendants' discovery breaches did not amount to reprehensible conduct.
Costs were fixed at $1,900,000 on a partial indemnity basis.
The court also calculated pre-judgment interest on the past pecuniary loss at the statutory rate of 2% applied in six-month intervals pursuant to s. 128(3) of the Courts of Justice Act, totaling $161,866.13.
