Applicant awarded $12,500 in partial indemnity costs; substantial indemnity denied for settlement offer.
Following a successful application before the Court of the Drainage Referee, the applicant sought costs on a substantial indemnity basis, relying on a pre-hearing settlement offer to install a private drain.
The Referee declined to apply Rule 49 of the Rules of Civil Procedure, finding the private drain would not have provided a legal outlet and thus the hearing result was not more favourable than the offer.
The Referee also reduced the recoverable disbursements for the applicant's expert engineer, as the expert's report did not address the central issues of the hearing.
Costs were awarded to the applicant on a partial indemnity basis in the fixed amount of $12,500, payable jointly by the Township and the co-respondent petitioner.
ODROntario Court of the Drainage RefereeSep 5, 2025
