Stephen R. Jackson

The appellants appealed a trial judge's order awarding the respondent $70,000 in partial indemnity costs.

The Court of Appeal found that the trial judge erred by fixing costs based on hourly rates exceeding the costs grid without a finding of special expertise, and by failing to consider whether the amount was fair and reasonable for the unsuccessful party to pay.

The appeal was allowed, and the costs award was reduced to $50,000.