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.
