St. Marthe v. O’Connor, 2019 ONSC 4279

Following the trial in this matter, the plaintiff was awarded damages in the sum of $205,000. Costs against the defendants were fixed at approximately $380,000. In the costs decision, Justice Hurley rejected the defendant’s arguments on proportionality of damages to costs – particularly in light of the facts that the defendant admitted liability; the defence medical expert concluded that there was disability; and where the defendant made no attempts to settle (and with the plaintiff having made an offer to settle).