[1] The plaintiff, Kenneth Moyer, brought this action against the defendants, Agincourt Landscaping and C.M. Vanderwerf (incorrectly named as C.M. Vanderwere), for damages arising from a motor vehicle accident. After an 11-day trial, the jury awarded the plaintiff $2,500 in general damages and $500 for past loss of income, but no future special damages. Both parties seek their costs of the action.
[26] Given that the plaintiff did recover an award from the jury and was successful in the trial he is, I suppose, presumptively entitled to costs. The defendants were successful in the outcome of the threshold motion, so they are presumptively entitled to costs. The quantum recovered by the plaintiff is so modest it would be grossly disproportionate to make an award which approaches indemnity for the costs the plaintiff has outlined of $71,397.27. As to the costs outlined by the defendant, those associated to the motion are not readily discernable.
[27] Having regard to all of the circumstances and the discretionary factors that I have weighed, the plaintiff shall recover costs from the defendant of the trial, fixed at $9,000, together with HST. The defendant shall have the costs of the threshold motion payable by the plaintiff fixed at $2,500 together with HST.