WIENER STADTISCHE VERSICHERUNG AG VIENNA INSURANCE GROUP v INFRASSURE LTD.
WIENER STADTISCHE VERSICHERUNG AG VIENNA INSURANCE GROUP
Law Firm / Organization
Torys LLP
INFRASSURE LTD.
**Reasons for Decision (Costs)** - Judgment granted to Wiener Städtische Versicherung AG Vienna Insurance Group ("VIG") against Infrassure Ltd. for $8,969,760.17 plus pre-judgment interest. - VIG claims costs of $3,496,810.81, including partial indemnity costs up to March 13, 2023, and substantial indemnity costs thereafter. - Infrassure argues for costs on a partial indemnity basis with a 25% discount or on a substantial indemnity basis with a 25% discount. - VIG made an offer under Rule 49.10 to settle for $8,500,000.00 before the trial. - Infrassure claims that VIG's offer was not a genuine compromise, but the trial result exceeded the offer. - The case involved complex issues related to a breach of contract claim, reinsurance agreements, policy exclusions, and follow-the-settlement obligations. **Rule 57.01(1) Factors** - VIG was the successful party, prevailing on key contractual and settlement-related issues. - The case was factually and legally complex, requiring extensive resources. - Infrassure challenged its contractual obligation and the settlement, prolonging the proceedings. - VIG incurred high costs relative to the claim amount. - Disbursements include travel expenses, expert witness fees, and document management fees. - The court allows most disbursements, except for an expert who did not testify. **Decision on Costs** - The overriding principle is to award a fair and reasonable amount for the unsuccessful party to pay. - Considering the result and Rule 57.01(1) factors, the fair and reasonable costs award is $2,800,000, inclusive of disbursements and taxes. - Infrassure must pay $2,800,000 to VIG within 30 days.
Superior Court of Justice - Ontario
CV-19-00632073-00CL
Corporate & commercial law
$ 2,800,000
Appellant