The appellant succeeded on appeal in obtaining a new trial on damages for one of its breach of contract claims against the respondent.
In this costs endorsement, the Court of Appeal awarded the appellant $50,000 in partial indemnity costs for the appeal.
For the trial costs, the court found that despite the appellant's limited success on appeal, the respondent remained the overwhelmingly successful party at trial, having defeated five of six claims totaling $121 million.
The court reduced the trial judge's costs award to the respondent to reflect the appellant's partial success and the removal of a Rule 49 substantial indemnity consequence, awarding the respondent $753,076.37 in trial costs.
