Following a trial where the plaintiffs recovered $87,917 on a $15 million claim for breach of a royalty agreement, the court determined costs and interest.
The defendants had made a $400,000 offer to settle just prior to trial.
The court found the plaintiffs were successful on only one issue and failed to accept a reasonable offer.
Applying Rule 49.13, the court awarded the plaintiffs partial indemnity costs up to the date of the offer, and the defendants partial indemnity costs thereafter.
This resulted in a net costs award of $177,905.99 payable by the plaintiffs to the defendants.
Prejudgment interest was awarded at the Courts of Justice Act rate.
