Following the dismissal of the plaintiff's breach of contract claim after a liability trial, the defendant, Revera Inc., sought partial indemnity costs.
The plaintiff acknowledged entitlement to costs but disputed the amount.
The court, applying Rule 57.01 of the Rules of Civil Procedure, assessed the reasonableness of the claimed costs, noting that a costs award is not a simple mathematical calculation.
The judge found the time docketed by the defendant's counsel and the extent of senior counsel involvement to be excessive for the simplicity of the factual dispute, despite the significant amount in issue ($1.4 million).
The court awarded partial indemnity costs significantly lower than requested, emphasizing that the unsuccessful party should not bear the cost of "overpreparation" or unnecessary senior counsel involvement.
