Pheroze Jeejeebhoy

Following a successful appeal in which the appellants were awarded a 50% interest in a residential property, the court addressed trial costs.

The appellants sought approximately $155,000 in costs on a substantial indemnity basis, arguing the result beat their offer to settle.

The court declined, finding the result did not beat the offer because the appellants were awarded 50% ownership rather than 50% of the equity, with the equity value remaining to be determined on a subsequent accounting.

Trial costs were awarded on a partial indemnity basis in the amount of $70,000 all inclusive.

The plaintiff brought a motion for leave to amend her Statement of Claim to substitute the underwriter, Industrial Alliance, for the originally named defendants (the claims administrator and the policy name) under the doctrine of misnomer.

The plaintiff had purchased travel medical insurance and was denied coverage for a $90,000 US medical bill.

The court found that the plaintiff clearly intended to sue the issuer of the policy and that Industrial Alliance would have known it was the intended defendant upon reading the claim.

The court granted the motion, finding no prejudice to the proposed defendant.

Following a jury trial arising from a motor vehicle accident, the action was dismissed after statutory deductions eliminated the plaintiffs’ damages awards.

The defendant sought costs, arguing the trial result was more favourable than her pre‑trial settlement offer.

The plaintiffs opposed costs or sought reductions, relying on a minor damages award to one plaintiff, alleged failures to admit facts, hardship, and challenges to the defendant’s bill of costs.

The court held that the defendant, as the successful party, was entitled to partial indemnity costs throughout and rejected the plaintiffs’ arguments for offset or substantial reduction.

Certain disbursements were disallowed or reduced, and the total costs were fixed at $100,000 inclusive.