Shale Steven Wagman

This costs decision follows the dismissal of the plaintiff’s claim after a two-day trial under the simplified procedure.

The defendant, having been entirely successful, sought costs on a substantial indemnity basis, relying on an offer to settle.

The court declined to award substantial indemnity costs, finding the offer did not justify a higher scale.

Considering the simplicity, short duration, and small amount at issue, the court awarded partial indemnity costs of $15,000 plus HST and disbursements, for a total of $19,197, payable within 90 days.

The plaintiff, Howard Walton operating as Norseman Racing Stable, sued Fort Erie Live Racing Consortium for negligence in assigning an incorrect carry weight to his horse, One Bay Hemingway, in the Lake Erie Stakes race.

The court found that while Fort Erie owed a duty of care to horse owners, it did not breach the standard of care in this case.

The error in carry weight assignment was not due to negligence by Fort Erie staff, who reasonably relied on available information.

The plaintiff’s claim was dismissed.