After achieving a tremendous result for a client, Martin Sheard won costs on an elevated scale, and costs against opposing counsel personally for misconducting himself in S.D. v Shineray.
The trial judge provided counsel with reasons for elevated costs at paragraphs 35 – 36:
 My view is that the manner in which the defendant conducted this litigation turned a matter of ordinary difficulty into one of more than ordinary difficulty. Factual issues became unnecessarily complex. Despite the plaintiff’s primary position regarding the validity of the termination clause, the defendant raised issues and defences that were not supported by evidence or not pleaded, abandoned positions that were pleaded, and conceded little to nothing throughout the entire process. The plaintiff was required to respond to differing positions which evolved over time, even as late as during final submissions at trial.
 The trial was initially set down under Rule 15-1 (Fast Track Litigation) but soon after, plaintiff’s counsel agreed to set it down for six days. The trial actually took almost nine days. Although this was not inordinately long, it should have concluded well within the six-day estimate given the real issues between the parties.
Furthermore, the trial judge awarded costs against opposing counsel personally, for reasons that followed at paragraph 64:
Both the plaintiff and the defendant have established that Mr. Wang caused costs to be incurred without reasonable cause or through delay and neglect. To his credit, Mr. Wang did not dispute that some of his inefficiencies wasted time at trial. Overall, Mr. Wang’s disorganization and lack of understanding about appropriate ways to examine and cross-examine witnesses resulted in a very inefficient use of court time.
This application and subsequent costs decision was a great result on top of an excellent client outcome.
Have you been wrongfully dismissed from your employment? You may be entitled to compensation. Call Inlet Employment Law today for a consultation. The first call is always free.
Contingency fee agreements and hourly fees are available – call for more information at (604) 39 INLET (604-394 6538).