Following dismissal of a civil action alleging assault, unlawful arrest and detention, and breaches of Charter rights against several police-related defendants, the successful defendants sought costs of a ten‑day trial.
The plaintiff opposed the amount, arguing the bill of costs was excessive, that some issues were not fully successful, and that personal financial hardship should mitigate the award.
The court reviewed the lengthy procedural history, the defendants’ partial indemnity rates, the existence of a prior offer to settle, and the defendants’ complete success on the core liability issues.
Finding the bill of costs reasonable and modest given the complexity and duration of the proceeding, and noting the absence of evidence supporting impecuniosity, the court awarded the defendants their costs on a partial indemnity scale.