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 .
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 .
If you wish a copy of this case email me at barry@barryfisher.ca