You may recall the decision of Mr. Justice Denis Power in Russett v. Bujold, in which he assessed partial indemnity costs of more than $400,000 in a chronic pain case that had settled after a week and a half of trial, for $435,000.
The award of costs included a premium of $25,000 and payment in full for almost 1,436 hours of time spent by the plaintiff’s solicitor.
The defendant in the action sought leave to appeal the costs award to the Court of Appeal. But this morning, the Court of Appeal refused leave. So, the decision stands.