The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at a busy intersection by his father. The six year old was seriously injured. The Defendants named included the father of the six year old and the driver of the car.
The trial of this action concluded after seven weeks and after two mistrials. Liability was hotly disputed by the Defendants. The Plaintiffs delivered a Rule 49 offer which was aggressively set between $2,141,000 and $4,950,000 at various points during the litiga- tion. The driver of the car also delivered a Rule 49 offer for $250,000 plus a pro rata share of costs and disbursements.