Following an unsuccessful defence motion for summary judgment on a discoverability issue in a motor vehicle accident action, the court addressed the appropriate quantum of costs payable to the plaintiff.
The plaintiff sought over $50,000 in partial indemnity costs.
The court found the requested fees excessive, noting duplication of work among multiple counsel and disproportionate time claimed by senior counsel who did not draft the materials.
Applying s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized fairness, reasonableness, and the expectations of the parties.
Costs were reduced and fixed at a lump sum of $29,000 inclusive of fees, disbursements, and HST.
