Knowledge Centre

Court of Appeal Clarifies Effect of a “Near Miss” Offer on Costs

Mitch Kitagawa and Brent Craswell
November 2014 Kelly Santini LLP, Ontario

Elbakhiet v Palmer (2014 ONCA 544) involved an appeal from a trial judge’s award of costs. The underlying claim stemmed from a motor vehicle accident. The Plaintiffs were rear-ended at a low speed, but were claiming damages of nearly $2 million. At trial, the Plaintiffs received $153,999.37, being the $144,013.07 awarded to them by the jury plus the applicable pre-judgment interest.

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