Tyson Carter

Following a successful trial in a slip and fall action, the plaintiff sought costs on a substantial indemnity basis, relying on an offer to settle and the defendant's conduct.

The court found the offer to settle was served six days before trial, missing the mandatory seven-day requirement under Rule 49.10, and thus did not trigger substantial indemnity costs.

The court also found the self-represented corporate defendant's conduct was not abusive or reprehensible.

The court awarded the plaintiff partial indemnity costs of $170,000 in fees plus disbursements and HST, along with prejudgment interest.

The plaintiff, a 61-year-old tenant, tripped and fell on a wooden post protruding from the ground in a poorly lit grassy area at the back of her apartment building.

She sustained a severe fracture to her right arm requiring two surgeries and resulting in permanent impairment.

The court found the defendant landlord liable under the Occupiers' Liability Act for failing to maintain the premises and ensure reasonable safety.

The plaintiff was awarded $236,626.36 in total damages, including $150,000 for general damages, despite her pre-existing medical conditions.