Following a trial where the plaintiff was awarded $250,000 in damages for oppression, the court determined the issues of prejudgment interest and costs.
The court rejected the plaintiff's expert calculation for prejudgment interest, instead applying the Courts of Justice Act rate from the date the cause of action arose.
The court awarded the plaintiff substantial indemnity costs, finding the defendants' conduct in taking excess compensation and deliberately withholding information to be egregious and reprehensible.
The defendants' Rule 49 offer did not apply because the judgment, which included substantial indemnity costs, was more favourable than the offer.
Costs were fixed at $413,000.
