Case Background:

• Incident: Plaintiff,Carmen Ranger, slipped and fell on January 29, 2013, in a pedestrian crosswalk during a winter storm near a Walmart in Sudbury.
• Issue: Liability for the incident was settled in the plaintiff’s favor, leaving the court to decide interest and costs.

Key Issues and Rulings:

1. Interest:

• Prejudgment Interest:
  • Court ruled the $65,000 settlement agreed upon in May 2020 included interest up to that date.
  • Plaintiff awarded interest at 5% per year on $65,000 from May 2020 to the judgment date (May 2, 2024), totaling $12,976.20.
• Postjudgment Interest:
  • Agreed rate: 7% annually on $65,000 from May 2, 2024, calculated daily at $12.47.

2. Costs:

• Plaintiff sought substantial indemnity costs of $369,000 but requested a final award of $100,000 plus disbursements.
• Defendants' Argument: Rule 76.12.1 capped costs at $50,000 for fees and $25,000 for disbursements in simplified procedure cases.
• Court Decision:
  • Rule 76’s cost cap did not apply, as the case began before January 2020.
  • Costs awarded: $80,000 (fees) + $26,529.07 (disbursements, primarily for expert testimony) + HST = $116,929.07.

Court's Reasoning:

• Interest: Denying interest post-settlement would unfairly diminish the plaintiff’s claim's value due to payment delays.
• Costs:
  • The case's modest damages ($65,000) required proportionate costs but should not overly limit access to justice.
  • Substantial indemnity applied after favorable settlement offers under Rule 49.10.
  • Simplified procedure aims to limit costs but does not strictly cap older cases.
  • Final costs were tempered to align with the simplified process and proportionality principles.

Final Orders:

1. Prejudgment interest: $12,976.20.
2. Postjudgment interest: 7% annually from May 2, 2024.
3. Costs: $116,929.07.