Susannah Margison

The plaintiff, an elderly resident, sued the defendant retirement home after a slip and fall on an uneven sidewalk.

Following a jury trial, the defendant was found not liable.

The defendant, represented by in-house counsel for its insurer, sought costs.

The court declined to award costs to the successful defendant, noting the insurer's "hardball" tactics, refusal to negotiate, and the broader social interest of access to justice for modest litigants facing large insurers.

The defendant, completely successful at a jury trial where plaintiffs claimed $4.5 million, sought partial indemnity costs of $180,787.95.

The plaintiffs opposed, arguing the lack of a Rule 49 offer to settle should deny costs and that the quantum was excessive.

The court affirmed that costs should follow the event, even without a formal offer, and ordered costs against all plaintiffs jointly and severally.

The court reduced the defendant's claimed fees by disallowing law clerk attendance at trial and adjusting hourly rates for counsel and law clerks.

Expert report costs were also reduced from $27,912.50 to $15,000.00.

Travel costs for counsel and the instructing client were allowed due to the trial's transfer to Thunder Bay at the plaintiffs' convenience.

Following a trial where the jury found no negligence or liability against the defendants, the defendant Cedar Fair Entertainment Company sought costs.

The court considered the factors under Rule 57.01 of the Rules of Civil Procedure and Cedar Fair's Rule 49 offer to settle.

Despite Cedar Fair's complete success at trial, the court applied the principle of proportionality, finding the requested costs disproportionate to the case's complexity and the amount reasonably at issue.

A global costs award of $45,000, all-inclusive, was made in favour of Cedar Fair, to be paid by the plaintiffs.

The plaintiffs advanced Family Law Act claims for loss of care, guidance, and companionship following the death of a sibling in a motor vehicle accident.

Liability was not disputed, leaving quantum as the sole issue.

The court reviewed jurisprudence concerning the scope of compensable loss under s. 61 of the Family Law Act, emphasizing that such awards must be assessed objectively and do not compensate grief or emotional anguish.

Considering the unusually close lifelong relationship among the siblings, but distinguishing the case from those involving dependency or daily interaction, the court assessed damages for loss of companionship at $35,000 for each surviving sibling.