Costs Consequences
 76.13 (1) Regardless of the outcome of the action, if this Rule applies as the result of amendment of the pleadings under subrule 76.02 (7), the party whose pleadings are amended shall pay, on a substantial indemnity basis, the costs incurred by the opposing party up to the date of the amendment that would not have been incurred had the claim originally complied with subrule 76.02 (1), (2) or (2.1), unless the court orders otherwise.  O. Reg. 284/01, s. 25; O. Reg. 132/04, s. 19 (1). Plaintiff Denied Costs (2) Subrules (3) to (10) apply to a plaintiff who obtains a judgment that satisfies the following conditions: 1. The judgment awards exclusively one or more of the following: i. Money. ii. Real property. iii. Personal property. 2. The total of the following amounts is $200,000 or less, exclusive of interest and costs: i. The amount of money awarded, if any. ii. The fair market value of any real property and of any personal property awarded, as at the date the action is commenced.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 60 (1); O. Reg. 344/19, s. 11 (1). (3) The plaintiff shall not recover any costs unless, (a) the action was proceeding under this Rule at the commencement of the trial; or (b) the court is satisfied that it was reasonable for the plaintiff, (i) to have commenced and continued the action under the ordinary procedure, or (ii) to have allowed the action to be continued under the ordinary procedure by not abandoning claims or parts of claims that do not comply with subrule 76.02 (1), (2) or (2.1).  O. Reg. 206/02, s. 20; O. Reg. 132/04, s. 19 (2); O. Reg. 438/08, s. 60 (2). (4) Subrule (3) applies despite subrule 49.10 (1) (plaintiff’s offer to settle).  O. Reg. 284/01, s. 25. (5) Subrule (3) does not apply if this Rule was unavailable because of the counterclaim, crossclaim or third party claim of another party.  O. Reg. 284/01, s. 25. Plaintiff may be Ordered to Pay Defendant’s Costs (6) The plaintiff may, in the trial judge’s discretion, be ordered to pay all or part of the defendant’s costs, including substantial indemnity costs, in addition to any costs the plaintiff is required to pay under subrule 49.10 (2) (defendant’s offer to settle).  O. Reg. 284/01, s. 25. Defendant Objecting to Simplified Procedure (7) In an action that includes a claim for real or personal property, if the defendant objected to proceeding under this Rule on the ground that the property’s fair market value exceeded $200,000 at the date the action was commenced and the court finds the value did not exceed that amount at that date, the defendant shall pay, on a substantial indemnity basis, the costs incurred by the plaintiff that would not have been incurred had the claim originally complied with subrule 76.02 (1), (2) or (2.1), unless the court orders otherwise.  O. Reg. 284/01, s. 25; O. Reg. 132/04, s. 19 (3); O. Reg. 438/08, s. 60 (3); O. Reg. 344/19, s. 11 (2). Burden of Proof (8) The burden of proving that the fair market value of the real or personal property at the date of commencement of the action was $200,000 or less is on the plaintiff.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 60 (4); O. Reg. 344/19, s. 11 (3). Counterclaims, Crossclaims and Third Party Claims (9) Subrules (1) to (8) apply, with necessary modifications, to counterclaims, crossclaims and third party claims.  O. Reg. 284/01, s. 25. Transition (10) In the case of an action that was commenced on or after January 1, 2002 and before January 1, 2010, subrules (2), (7) and (8) apply as if “$200,000” read “$50,000”. O. Reg. 344/19, s. 11 (4). (11) In the case of an action that was commenced on or after January 1, 2010 and before January 1, 2020, subrules (2), (7) and (8) apply as if “$200,000” read “$100,000”. O. Reg. 344/19, s. 11 (4).