posted Tuesday, November 3, 2009 by Luke Zacharias
This matter related to a cost determination after a jury trial in which the Plaintiff was awarded $13,486 for her damages related to a motor vehicle accident.
The Defendant had offered to settle the matter for $22,000 prior to trial and sought costs from the date of their offer through the end of the trial. The Plaintiff sought one and a half times regular costs because of the allegation of fraud against the Plaintiff and the manner in which those allegations were pursed at trial.
Mr. Justice Leask determined that the Plaintiff was entitled to her costs and reasonable disbursements of the entire proceedings, despite the fact that she was not successful in beating the Defendant's formal Offer to Settle.
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