Following a professional negligence trial, the court considered submissions on costs and the applicable rate of pre‑judgment interest.
The court corrected an error in the original reasons, confirming that pre‑judgment interest applied only to the $22,000 award rather than the total $50,000 damages figure referenced in the earlier decision.
It held that the appropriate pre‑judgment interest rate was 5% for the entire pre‑judgment period.
Although the plaintiffs sought more than $278,000 in partial indemnity costs, the court reduced the award after considering that the plaintiffs succeeded only in part and were unsuccessful on several factual allegations.
Applying principles from appellate authority regarding the purpose and reasonableness of costs, the court awarded $150,000 inclusive of taxes and disbursements.
