The premium that a plaintiff pays for plaintiff adverse costs
insurance may be a taxable disbursement in the litigation.
Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund,
J.
FACTS + ISSUES
The parties settled a personal injury action three weeks before
trial for $75,000 plus costs to be assessed by the Court. The
Plaintiff claimed the cost of the premium for adverse plaintiff
costs insurance of $1,458 for coverage of up to $100,000. The
Defendants disputed that this was a taxable disbursement.
HELD: For the Plaintiff; Cost of Plaintiff adverse costs
insurance allowed.
The Court held that the premium paid for adverse costs insurance
is a taxable disbursement available to plaintiffs in litigation, as
an access to justice issue:
