https://www5.fsco.gov.on.ca/AD/4224
I find that, had State Farm put its mind to the June 7, 2013 offer to settle, all of the expenses related to preparation, preparation of a factum regarding admissibility of documents and expenses incurred thereafter could have been avoided.
State Farm is entitled to its litigation strategy. With it come the associated risks when a strategy stops working. In this case, I find that State Farm’s aggressive strategy backfired, costing both it and Ms. Kimmerly additional preparation time.
For this reason, I find that the expenses between the June 7 offer date and the hearing start date, should be awarded in full.
Ms. Kimmerly’s submission that State Farm gave no indication before the hearing that it was open to settlement and did not respond to the June 7 offer was undisputed and the Minutes of Settlement executed by the parties on June 17, 2013 mirror the June 7 offer. I find that all the work that followed the June 7 offer was for naught, and entirely preventable had State Farm given meaningful consideration to the offer closer to the time it was made.