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ARTICLE · 23 AUGUST 2019

Brophy v. Harrison: A Reminder Of The Costs Consequences For Taking A ‘Hard-Ball' Approach To Litigation

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A recent decision of the Ontario Superior Court of Justice reminds litigants that cost considerations must be at the forefront of every decision made when litigating a case.

CanadaLitigation, Mediation & Arbitration
Mitchell Fournie
Mitchell Fournie
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A recent decision of the Ontario Superior Court of Justice reminds litigants that cost considerations must be at the forefront of every decision made when litigating a case.

After a 10-day jury trial, the plaintiff in Brophy v. Harrison was awarded judgment in the amount of $62,628.75. After deductions, the plaintiff took home $17,688.64. This was after a trial where the plaintiff had initially sought damages in the range of $996,900.89 to $1,150,700.89, and the defendants suggested damages in the range of $5,000 to $10,000.

Despite the modest judgment, Justice Casullo awarded the successful plaintiff $275,456.60 in costs and disbursements. Justice Casullo rejected the defendants' argument that there ought to be proportionality between the size of the judgment and the ultimate cost award. As stated by Justice Casullo:

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