Category: Trial Costs

Raskin v Stepanyan, 2022 ONSC 6247

The plaintiff sued the defendants for damages arising from a fall at the side entrance of a house. One of the defendants ran a dental practice at the premises, and the plaintiff attended as a patient. The defendants did not ever respond to the claim though properly served, and were noted in default. The plaintiff was 64 at the time of the fall and fractured the 5th metatarsal of her right foot. Following a one-day, undefended trial, Justice Morgan concluded that the step where the plaintiff fell was in a state of negligent construction and disrepair which caused the plaintiff to fall. He ordered the defendants to pay to the plaintiff: special damages in the sum of $30,940; lost wages in the sum of $2,040; and damages for pain and suffering in the sum of $35,000. He further ordered the defendants to pay the plaintiff’s costs in the sum of $20,000.

Mundinger v. Ashton, 2020 ONSC 2024

At trial the plaintiff in this MVA action failed to recover any damages after application of the statutory deduction, and deduction of accident benefits.  The defendant sought and was awarded $160,000 in costs. The plaintiff’s primary argument was that her adverse costs insurance only covered up to $100,000. Justice Charney rejected that fact as being relevant to the costs award.

Loye v. Bowers, 2020 ONSC 782

The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages. Following a 21 day trial, the plaintiff was successful on the issue of liability, however the plaintiff was awarded only $10,000 in general damages, and nothing for loss of income. Justice Turnbull found that the defendant was substantially successful in the action. Despite the fact that the defendant was not successful on the issue of liability, which took a good portion of time at trial, the defendant was entitled to have his costs throughout on a partial indemnity basis, totaling $189,298.68. The plaintiff’s adverse costs insurance was suspended before the costs heading. Justice Turnbull rejected the defendant’s motion for the plaintiff’s counsel to pay costs in lieu of the plaintiff.

Wray v. Pereira, 2019 ONSC 3354

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.