Date: October 2022
Earlier this year I shared a decision in a construction lien matter where a plaintiff secured judgment against the defendants in the amount of $19,113.80. The only problem was that it took 4+ years, 11 trial management conferences, and 7 days of trial.
The bill of costs of the plaintiff and defendants totaled (on a substantial indemnity basis) $216,884.97 and $188,074.67, respectively.
I recently came across the decision from Associate Justice Wiebe with respect to costs and found that he awarded substantial indemnity costs in favour of the plaintiff in the amount of $175,000!
The conduct of the defendants used to determine that substantial costs were warranted include, but were not limited to:
- the defendants’ failure to accept three different offers to settle INCLUDING an offer where the defendants would be paid $25,000;
- instances of withheld evidence by the defendants;
- findings that the defendants gave evidence that was deceitful including trying to paint the plaintiff as dishonest and fraudulent;
- defendants’ failure to produce documents that were ordered to be produced; and
- the unreasonable positions taken by the defendants.
Click here for a link to the decision.