The plaintiff accepted an offer to settle her wrongful dismissal and mental distress claim for $15,000 plus costs to be assessed or agreed.
The parties could not agree on costs.
The defendants argued no costs should be payable because the settlement amount fell within the Simplified Procedure threshold.
The court rejected this argument, noting the offer expressly provided for costs and the action was reasonably brought under the ordinary procedure given the complexity of the mental distress claims.
The court assessed the plaintiff's partial indemnity costs, reducing the claimed amount for unnecessary steps and disbursements, and awarded $9,716.50 in fees and $2,003.80 in disbursements, plus $500 for the costs of the assessment.
