This is a cost assessment in a personal injury action. The action was
settled one day before the commencement of the trial. Ms. Green was
initially pursuing a claim between $300,000 and $400,000 which included a claim
for $136,000 for homemaking services. She settled her claim for $75,000 the day
before trial. She swore an affidavit explaining that offer was accepted for
health reasons. The plaintiff suffered from gestational diabetes and chose to
accept the offer rather than go through the stress of trial which might
potentially endanger the health of her unborn child and herself. This evidence
becomes relevant to the issue of proportionality. It is my belief that an
assessing officer should not rely exclusively on the settlement figure in
determining proportionality of costs. Certainly, when most of the disbursements
were incurred, counsel for Ms. Green did not think the case would settle
for $75,000. Given that the case did not proceed to trial, it is not
necessarily true that $75,000 is the true value of Ms. Greens claim. It
is the value that she was willing to accept for personal reasons....