The plaintiff recovered $2,000 at trial, after consideration for the statutory deductible and threshold. The defendant did not make any offers to settle in the action. The plaintiff offered $75,000 to settle shortly before trial. The plaintiff sought over $275,000 in costs and disbursements following trial. Justice McKelvey awarded the plaintiff $40,000 in costs inclusive of HST and disbursements. He confirmed that while the award was modest, the plaintiff was the successful party at trial. The defendant took a “hard ball” approach, which left the plaintiff with no option to withdraw from the litigation gracefully.
