In this costs decision following a successful trespass trial, the plaintiffs sought full indemnity costs or, alternatively, partial indemnity costs to the date of their offer and substantial indemnity costs thereafter.
The court held that the plaintiffs' April 1, 2014 offer to settle complied with Rule 49.10(1) and that the trial judgment was more favourable than the offer.
The court further found that the responding parties' conduct, both in the underlying trespass and throughout the litigation and trial, warranted substantial indemnity costs beyond the ordinary rule-based consequences.
After excluding costs related to an interim injunction for which no costs had been awarded or reserved, the court fixed costs at $36,418.86 inclusive of fees, disbursements and HST.
