Following a personal injury jury trial arising from a motor vehicle accident, the court determined costs after the parties failed to agree.
The jury awarded modest damages, but the plaintiff’s general damages and Family Law Act damages were unrecoverable due to the Insurance Act threshold.
The plaintiffs obtained judgment less favourable than the defendant’s Rule 49 offer to settle, triggering cost consequences under Rule 49.10(2).
The court awarded the plaintiffs partial indemnity costs up to the date of the defendant’s offer and awarded the defendant substantial partial indemnity costs thereafter.
Separate costs were also awarded to the defendants-by-counterclaim who successfully defended a Negligence Act contribution and indemnity claim.
