What are the cost consequences of rule 49.10(2) of the Rules of Civil Procedure when a plaintiff is awarded damages in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Ksiazek v. Newport Leasing Limited, 2008 CanLII 15771 (ON SC):
In Loffredi v. Simonetti, [1988] O.J. No. 1340 (Dist. Ct.), Hoilett D.C.J. departed from the cost consequences of rule 49.10(2) as the damages awarded by the jury were unreasonably low. Had the rule been followed, the result would be manifestly unjust to the plaintiff. In this case, the plaintiff was entitled to cost up to the date of the defendant’s Offer and each party bore their own costs thereafter.
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