Following the settlement of a motor vehicle personal injury action for $300,000 on the eve of trial, the parties could not agree on costs.
The plaintiff sought $97,749 in partial indemnity fees, while the defendant argued for $35,000 based on a standard settlement formula.
The court found the case sufficiently complex to depart from the standard formula, noting the aggressive litigation tactics employed by both sides over seven years.
The court fixed the plaintiff's costs at $65,000 in fees plus HST, along with agreed disbursements.
