CONTACT US (613) 722-1500

Recent Cost Award against Unsuccessful Plaintiff

Recent Cost Award against Unsuccessful Plaintiff

By:

Mann Lawyers

Posted January 2, 2014

A recent case out of the Ontario Superior Court highlights the risk that plaintiffs face if they are unsuccessful in their claim for damages.

In the case of Berg v. Loblaw Properties Limited, 2013 ONSC 4803, Mrs. Berg sustained serious injuries when she fell at a Zehrs store in Woodstock, Ontario.  She brought suit against the store and so too did her daughter, Ms. McDonald, who provided her mother with care while she was recuperating from her injuries.

After a four week trial, the jury determined that the store was not liable for Mrs. Berg’s injuries.  The defendant store submitted a cost outline claiming that it should be reimbursed for the legal fees it incurred in the amount of $140,351.65.  In doing so, the defendant relied on a fundamental principle of civil litigation: that a successful party is entitled to be at least partly indemnified for its costs.

In the end the court awarded the defendants the sum of $40,000 in costs against Mrs. Berg.  The court made two pronouncements of particular interest.  Firstly, the court stated that costs should not be routinely ordered against a Family Law Act claimant such as Ms. McDonald.  Secondly, the court stated that while impecuniousity (inability to pay) would not preclude a court from making a cost award it is nevertheless a factor that a court will usually consider when deciding the issue of costs, particularly where a cost award may inflict severe financial hardship on a party.

More Resources

Blog |
Family Law
By: 

Posted January 30, 2025

In the recent judgment issued on December 17th, 2024, Justice Sharma of the Ontario Superior Court of Justice provides the legal profession with significant guidance[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted January 21, 2025

In cases involving terminations of employment, a very common issue is the amount of pay an employee is owed by their former employer after they’ve[...]
Blog |
Estate Litigation
By: 

Posted January 7, 2025

Power of Attorney (“POA”) litigation has become a growing concern in legal and family circles as individuals face the complexities of aging, illness, and the[...]
Blog |
Environmental Law
By: 

Posted January 2, 2025

On October 18, 2024, the Ontario Ministry of Environment, Conservation and Parks (the “MECP”) proposed further amendments to Ontario Regulation 406/19 – On-Site and Excess[...]
Blog |
Business Law
By: 

Posted December 17, 2024

In today’s fast-paced world, businesses strive to simplify and expedite their processes. It is now commonplace to see businesses asking their customers to enter into[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted December 11, 2024

On October 28th, 2024, Ontario Bill 190, the Working for Workers Five Act, 2024, received royal assent. This latest legislative move builds on the strong[...]