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Costs – Simplified Rules

Posted on May 25, 2017 | Posted in Civil Litigation, Five Liners

Evoke Solutions Inc. v. Chive Inc. 2017 Ont SCJ

Plaintiff sued for $116,000, but was allowed to do so under the Simplified Rules. The judge awarded about $46,000 including interest. The plaintiff had offered to settle initially for $35,000 plus costs and later for $20,000 plus costs. The plaintiff was presumptively entitled to its costs on a partial indemnity basis to the date of the first offer and on a substantial indemnity basis thereafter. The plaintiff sought $87,000 in costs. The defendant suggested $23,000, half of the amount awarded. The judge acknowledged that the simplified procedure was meant to be cost-effective and was not intended to be as expensive as a trial by ordinary procedure. The judge awarded $50,000 including disbursements and HST.


Jonathan Speigel


Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.



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