This action arising from a motor vehicle accident settled in the month before the scheduled trial for $300,000 inclusive of pre-judgment interest, plus disbursements of $52,678, and costs. The parties could not agree on the amount to be paid for costs. The defendant argued that the commonly used 15-10-10 guideline should apply, which would equate to costs of $35,000. The plaintiff argued for partial indemnity (60%) of docketed fees, which would equate to a total of $97,749 at the partial indemnity reduction. Justice Hackland awarded the plaintiff fees of $65,000 plus HST. Justice Hackland held that it was appropriate to depart from the usual 15-10-10 guideline given the proximity to trial, and in consideration that there had been a mandatory mediation, four case conferences, and three discoveries of the plaintiff.
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