This costs endorsement followed a three-week jury trial where the plaintiff was awarded $2,570,181 for general, aggravated, economic, special, and punitive damages arising from historical sexual assault.
The court addressed the plaintiff's entitlement to substantial indemnity costs under the Victims' Bill of Rights and the calculation of prejudgment interest.
The court found the plaintiff was entitled to substantial indemnity costs throughout the proceedings, rejecting the defendants' argument for partial indemnity prior to the offer date.
While the court reduced the quantum of legal fees claimed due to perceived duplication and 'heavy-handed' process, it upheld the principle of substantial indemnity.
The court also determined that the default prejudgment interest rate of 5% applied to non-pecuniary damages, rejecting the defendants' argument for a lower rate based on the Insurance Act, as the case did not involve a motor vehicle accident.
