Law360 Canada ( June 17, 2021, 5:37 AM EDT) -- Appeal by the defendant from a costs award denying it partial indemnity costs. The plaintiff sued the defendant for damages to compensate for injuries arising from a slip and fall on a sidewalk located on the defendant’s care home premises. The parties agreed on the quantum of damages. A jury trial on the issue of liability resulted in dismissal of the plaintiff’s action. The defendant sought partial indemnity costs. The trial judge denied the request for three reasons. First, the judge noted that the action, which required expert evidence, illustrated a need to adapt negligence law to the growing area of elder care. Second, the judge found that a power imbalance arose from the defendant’s defence by a prominent insurance company. Third, the judge was critical of the fact that the insurer never offered the plaintiff a settlement beyond no-dismissal of her claim, reflecting a hardline approach that disadvantaged litigants of modest means, contrary to the insurer’s social responsibility. The defendant appealed....