This decision addresses the costs arising from a protracted action where the defendants were found to have improperly distrained and illegally used the plaintiffs' trade fixtures for eight years, resulting in an award of over $100,000 in damages and $80,000 in exemplary damages.
The court awarded the plaintiffs $95,000 for costs, plus HST and disbursements of $10,491.42, applying partial indemnity up to an August 11, 2015 offer and substantial indemnity thereafter, guided by the principle that costs awards should be fair and reasonable.
