The Plaintiff, 2449442 Ontario Inc., was awarded $82,752 at trial in a construction lien case, while the Defendant, Cambridge Drywall Services LTD. (CDS), succeeded on its counterclaim for $30,000, resulting in a net recovery of $52,752 for the Plaintiff.
CDS successfully defended against 87% of the Plaintiff's total claim.
This decision addresses the parties' claims for costs.
The court considered factors under Rule 57, including divided success and CDS's offer to settle, which, though not compliant with Rule 49.10(2) due to timing, exceeded the Plaintiff's net recovery.
The court also addressed the applicability of simplified procedure rules under the Construction Act.
Ultimately, the court ordered CDS to pay the Plaintiff $100,000 in costs plus HST and disbursements, reflecting a reduction from the Plaintiff's claimed costs due to the divided success and CDS's reasonable, albeit non-compliant, offer.
