In Dynamic Tire v Borelli ( 2016 ONSC 1526 ) the plaintiff was awarded 16 months notice, exactly what the defendant offered in its pre-litigation offer. His partial indemnity costs were $20,334.
In light of the fact that the plaintiff acted unreasonably in not accepting the pre-litigation offer which if he had would have resulted in more money than he got at the trial, the judge awarded him nominal costs of only $6,000 plus HST.
In Muntean v Enablence Canada Inc. ( 2016 ONSC 1521) the Plaintiff sued in Superior Court but only recovered two months salary, which came to $13,076.
The plaintiff had partial indemnity costs of $20,702.
The defendant said that the plaintiff should not get any costs as he should have either started or transferred his case to Small Claims Court and because he had refused a time limited offer of $20,000 inclusive of costs.
Justice Timothy Ray awarded the Plaintiff only $5,000 costs based on the the issues referred to above and ” the overarching principle of proportionality”
If in fact the two lawyers in these cases actually charged their clients even what they told the Court their partial indemnity costs were, then both clients would have been much better off accepting the employers’ pre trial offers.
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