In February, we told you about the landmark decision in Berendsen v. Ontario, a precedent-setting case holding the Ontario government liable for contamination of a dairy farm by road waste. On July 11, Berendsen’s victory became doubly sweet when Judge Seppi awarded them $655,000 in legal costs (including a $50,000 premium) plus 6% prejudgment interest since 1995. The judge emphasized the magnitude of Berendsen’s damages, their complete success at trial, their reasonable efforts to settle the matter without trial, and the absence of any equivalent efforts by the Crown.
Presumably, the Crown will appeal from these awards as part of its overall appeal of the case.
