This costs judgment followed a simplified procedure trial where the plaintiff's claim was dismissed.
The defendants, represented by salaried counsel, sought costs of $68,093.99.
The court considered the plaintiff's modest financial circumstances, the complexity of the issues, and the plaintiff's conduct, which included disclosure problems and "wild" settlement offers that significantly exceeded the Simplified Rules' limits.
Applying principles of fairness and reasonableness, and acknowledging the defendants' reasonable hourly rates and disbursements, the court fixed costs at $35,000, inclusive of disbursements.
This decision balanced the need for indemnification of the successful party with the unsuccessful litigant's ability to pay and access to justice concerns.