This costs endorsement addresses the appropriate quantum of costs following a motor vehicle accident trial in which the plaintiff was awarded damages by the jury, but the award was reduced to zero by operation of the Insurance Act.
The defendant sought $269,264.87 in costs, later reducing the request to $230,000.
The plaintiff argued for a much lower award, citing financial hardship and litigation conduct.
The court fixed costs at $185,000, finding the defendant entitled to costs but reducing the amount for duplication, lack of particulars, and proportionality.
