In Logeman v. Rossa, the plaintiff was awarded 100% of her costs although she was found to be 35% contributorily negligent for her injuries on the basis that the defendants had been “blatantly untruthful” on the pivotal issue of how the plaintiff’s eye injury had occurred. That untruthfulness had an adverse effect on the nature and the conduct of the litigation. The complete denial of any involvement by the defendants or knowledge of the circumstances in which the injury occurred made settlement impossible and made it more difficult for the plaintiff to pursue her claims. The defendants’ untruthfulness “complicated rather than clarified the issues” (at para. 80).
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