Following an undefended trial in a negligence action arising from a slip and fall on a residential driveway, the court addressed the issue of costs after releasing its reasons for judgment.
The successful plaintiff sought recovery of legal fees and disbursements.
Applying s. 131(1) of the Courts of Justice Act and the factors in Rule 57.01(1) of the Rules of Civil Procedure, the court noted that a successful party is generally entitled to costs absent compelling reasons to deny them.
The court characterized the matter as relatively straightforward and allowed partial indemnity fees of $15,000 inclusive of HST and disbursements of $27,512.32 inclusive of HST.
