The appellant appealed a trial judge's decision to deny him costs after the respondents withdrew all claims against him during closing arguments.
The appellant had made two early offers to settle, which were rejected.
The Court of Appeal found the trial judge erred in principle by failing to treat the appellant as prima facie entitled to costs and by ignoring the settlement offers.
The Court awarded partial indemnity costs to the appellant, reduced to reflect some misconduct identified by the trial judge.
