The plaintiffs sought substantial indemnity costs after successfully opposing a motion by the defendant, The Corporation of the Township of Severn, to compel production of an unedited videotaped witness statement.
The court found the plaintiffs' offer to settle, made four days before the motion, did not comply with Rule 49.10 but was a genuine effort to settle and should be considered under Rule 49.13.
Considering the offer, the medium-high complexity of the motion, its unnecessity, and the importance of litigation privilege, the court awarded the plaintiffs substantial indemnity costs from the date of the offer, fixed at $9,500.
