This is a costs ruling following a successful trial where Benoit Construction Inc. (Benoit) obtained a judgment of $144,950.97 against Hard at Work Inc. (HAW) for breach of contract, and HAW's counterclaim was dismissed.
Benoit sought costs on a complete, substantial, or partial indemnity basis.
The court considered the factors under the Courts of Justice Act and Rules of Civil Procedure, including Benoit's offer to settle and HAW's conduct, which involved acts of bad faith and unfair dealing.
While the conduct was close to warranting complete indemnity, the court ultimately awarded Benoit costs on a substantial indemnity basis for the entire proceeding, adjusted for proportionality and reasonableness, totaling $120,852.01.
