Following a trial where the plaintiff was awarded $41,608.83 for unpaid invoices and the defendant's counterclaim was dismissed, the plaintiff sought costs of $87,103.50.
The defendant argued the amount was disproportionate for a simplified procedure action.
The court considered the plaintiff's successful offers to settle, which presumptively entitled it to substantial indemnity costs, but balanced this against the principle of proportionality under Rule 1.04(1.1) and the objectives of the simplified procedure.
The court fixed costs at $50,000 inclusive of disbursements and HST.
