Vlad Popescu

This was a costs-only decision following settlement of a motor vehicle personal injury action on the morning trial was to commence.

The plaintiff accepted an offer providing for payment of $22,500, prejudgment interest, and partial indemnity costs to the date of the offer, but the parties disputed the amount and scope of recoverable costs.

The court disallowed several disputed disbursements, including counsel travel, the plaintiff's travel advance for a medical-legal assessment, two housekeeping expert reports, and interest on a litigation loan, emphasizing proportionality and the fair-and-reasonable approach under Rule 57.

Partial indemnity fees were fixed at $10,000 plus HST, disbursements at $15,683.64 inclusive of HST, and the defendant received $200 plus HST for the costs hearing, deductible from the plaintiff's award.