R.S. Baldwin

Following trial and earlier reasons on costs, the defendants by counterclaim brought a motion seeking entry of judgment reflecting the court’s costs rulings and directing payment of their costs by the opposing party’s insurer to their own insurer.

The responding party brought a preliminary motion to strike an affidavit filed in support of the motion.

The court dismissed the motion to strike, holding the affidavit was relevant to the issue of payment of costs.

The court further corrected an accidental slip in earlier reasons concerning costs and amended the costs award to clarify that only one plaintiff was liable for partial indemnity costs.

The court ordered that costs awarded to the successful defendants by counterclaim be paid by the opposing party’s insurer directly to their insurer, with post‑judgment interest.

Following a personal injury jury trial arising from a motor vehicle accident, the court determined costs after the parties failed to agree.

The jury awarded modest damages, but the plaintiff’s general damages and Family Law Act damages were unrecoverable due to the Insurance Act threshold.

The plaintiffs obtained judgment less favourable than the defendant’s Rule 49 offer to settle, triggering cost consequences under Rule 49.10(2).

The court awarded the plaintiffs partial indemnity costs up to the date of the defendant’s offer and awarded the defendant substantial partial indemnity costs thereafter.

Separate costs were also awarded to the defendants-by-counterclaim who successfully defended a Negligence Act contribution and indemnity claim.