Following a successful 12-day jury trial where the plaintiffs were awarded $2,170,188 in damages (net $1,749,690.54), the court addressed the parties' dispute over costs.
The plaintiffs sought partial indemnity costs until their offer to settle and substantial indemnity thereafter, arguing they "beat" their offer.
The defendants sought reductions for costs related to statutory accident benefits (SABS) litigation, an interlocutory motion to add a party, and a Workplace Safety and Insurance Appeals Tribunal (WSIAT) hearing, as well as certain disbursements.
The court, applying Rule 57.01 factors, fixed the plaintiffs' costs at $478,750.00 (inclusive of HST and disbursements) and allowed the defendants a $5,000 deduction for the collateral benefits motion, resulting in a net award of $473,750.00 to the plaintiffs.
The decision disallowed costs for the WSIAT hearing, the interlocutory motion, and certain disbursements (meals, courier, copying, adverse costs insurance), while partially allowing SABS-related costs due to the benefit derived by the defendants.
