Costs of $50,000 Awarded for Two Day Case on Notice :

In Pavlov v. The New Zealand and Australian Lamb Company Limited, 2022 ONSC 68, Justice Stewart award the Plaintiff costs of $50,000 plus disbursement but inclusive of HST on account of obtaining an award of $118,305.

The Court made these comments about the respective offers prior to trial:

[6] The Plaintiff made a series of offers to settle prior to trial, each of which was less than that recovered. These offers were made in order to arrive at a compromise to make a trial unnecessary.

[7] The Defendant rejected these offers. Although the Defendant did make counter-offers they were substantially less than the Plaintiff’s compromise position and much less than his recovery at trial.

As this was a Simplified Procedure action the maximum that the Court could award would be $50,000 plus HST plus disbursements.

This case shows the advantage of using the Simplified Procedure and of making meaningful Rule 49 offers to settle.

Conflict Alert: The winning Plaintiff’s lawyer was my son Matthew Fisher, a partner at Lecker & Associates .

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