In what could turn out to be a very significant decision, Madam Justice Giovanna Toscano Roccamo has awarded the costs of a nine-week trial to the plaintiffs in a personal injury action, even though the jury’s award was less than…
Kariouk v. Pombo was a motion by the plaintiff to compel plaintiffs to answer undertakings given in the course of examinations for discovery. A commonplace type of motion, to be sure. But it is because such motions occur so frequently…
In First Capital (Canholdings) Corporation v. North American Property Group, 2012 ONSC 1359 (CanLII), Mr. Justice Robert Smith had to address the following issue: “Should partial indemnity costs be ordered at hourly rates in excess of the maximum rates set out…
In Herbert v. Brantford (City), the Court of Appeal disallowed interest at one and two percent, compounded monthly, that had been awarded in relation to fees charged by the plaintiffs’ expert witnesses in a personal injury case. The Court said…
In the course of the last week, separate panels of the Court of Appeal have addressed the issue of whether a defendant’s offer to settle can produce an award of substantial indemnity costs when the plaintiff’s action has been dismissed. The…
The ruling of Madam Justice Alison Harvison Young in Bonaiuto v. Pilot Insurance Company show how the disposition of costs can transform a favourable trial outcome into a Pyrrhic victory. The plaintiff sought damages of $22,424.00 from her insurer as…
Madam Justice Jane Ferguson has released a decision that will be of interest to civil litigation practitioners. Her reasons in Hayden v. Stevenson deal with a defendant’s offer to settle in a motor vehicle case, but the principles that she discusses…
Addendum: Since our commentary on this case, Justice Gonsolus has released supplementary reasons on the issue of the costs premium. His Honour did not disturb the premium of $12,358 that he originally awarded. Instead, he revised the basis of the premium. His…
At the trial of Pitney Bowes of Canada v. Noia, 2009 CanLII 63372 (ON S.C.), Mr. Justice Douglas K. Gray awarded to the plaintiff damages of $13,400.57 which was slightly more than half of the amount that had been claimed….
Mr. Justice Timothy Ray held this summer, in Boyd v. Taj Mahal Stables Inc., that “Partial indemnity costs are generally measured as approximately 55% of the reasonable solicitor client account. The reason is that substantial indemnity costs are generally accepted…