The defendants, having successfully defended a substantial damages claim at trial, sought costs on a partial indemnity basis totaling $244,893.47.
The plaintiff disputed the quantum, arguing the fees were inflated, disbursements non-recoverable, and the amount exceeded reasonable expectations, proposing $100,000.
The court, applying Rule 57.01 of the Rules of Civil Procedure and Section 131 of the Courts of Justice Act, found the defendants' claim overinflated due to excessive hours, duplication of effort, time dedicated to training, and inadequate billing particulars.
The plaintiff's expectation of paying only $100,000 was deemed unreasonable given the trial's length and complexity.
The court fixed costs at $145,000, inclusive of disbursements and taxes, finding this amount fair and just in all circumstances.
