In Rahman v. Cannon Design Architecture Inc., 2021 ONSC 7624 Justice Dunphy awarded $40,000 for partial indemnity pre Rule 49 offer and an additional $40,000 thereafter the Rule 49 offer on a substantial indemnity basis.
The Court considered the following factors :
1. One should not second guess the strategic litigation choices made by the winner.
2. There was a large amount of money at issue ( $300,000) and a large number of issues.
3. Including a number of issues and parties that had a faint hope of success is not a practice to be encouraged.
Here is the interesting point. The Defendant won the motion thus these costs were awarded against the Plaintiff.
I am advised by Plaintiff counsel that they have filed an appeal on the merits so this part of the case may also be considered by the appeal .
court.
By the way, this was a one day motion. Not bad pay for a days work.
If you wish a copy of this case email me at barry@barryfisher.ca