Following a jury verdict in a pedestrian–motor vehicle accident action, the court was asked to determine the quantum and apportionment of the successful plaintiff’s costs.
The uninsured driver was found 70 per cent liable, a commercial host 5 per cent liable, and the plaintiff 25 per cent contributorily negligent.
The plaintiff’s insurer defended the action under uninsured and underinsured coverage.
The court exercised its discretion under s. 131 of the Courts of Justice Act and rule 57.01 of the Rules of Civil Procedure to fix costs at $635,500 on a partial indemnity basis and ordered that the costs be borne equally by the commercial host and the insurer.
The court held that strict apportionment based on liability percentages was inappropriate in the circumstances and that fairness justified an equal allocation.
