Herbert v. The City of Brantford (2011 ONSC 4066) [CanLII]

Plaintiff to recover the full amount charged by experts

June 28, 2011

The Ontario Superior Court costs decision in Herbert v. The City of Brantford established that interest charged by experts on their outstanding reports was a recoverable cost, however Justice Whitten left it up to counsel to determine an "appropriate" rate of interest to be incurred. Defence counsel argued for post judgment interest while plaintiff's counsel argued that the actual rates charged by the various experts (ranging from 1.0% to 2.0% per month) were appropriate. The issue reverted back to Mr. Justice Whitten who rejected the defendant's argument and allowed the plaintiff to recover the full amount charged by its experts.

Review decision.

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