Strachan v. Constant Craving

This was a judgment dealing with costs of the trial in a simplified action where the Defendants were substantially successful on their counterclaim against the Plaintiff. The Court refused to award the Defendants solicitor-client costs as such costs are awarded only in rare circumstances where conduct in the proceeding is scandalous or outrageous or deserving of reproof or rebuke. The Defendants were entitled to double costs from the date of the offer whereby the Defendants offered to settle for less than the amount awarded at trial. Further, costs were awarded above the mid range of Column III of Tariff B because of rejection of the offer referred to above and the Plaintiff’s late decision not to call an expert witness.