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The court awarded the successful defendants $125,000 in costs, applying a substantial indemnity scale for the period following the plaintiff's unreasonable refusal of a settlement offer.
This decision addresses costs and interest following a trial where the plaintiff's action was dismissed, and the defendants were awarded damages for breach of contract.
The court exercised its broad discretion under the Construction Act, guided by the Rules of Civil Procedure, including Rule 49.10 regarding offers to settle.
The defendants sought substantial indemnity costs, but the court awarded partial indemnity costs for the period prior to December 31, 2019, and substantial indemnity costs for the period after, due to the plaintiff's grossly unreasonable settlement expectations which caused the case to proceed to trial.
The court also adjusted disbursements, including expert fees, and determined prejudgment and post-judgment interest rates.
Self-represented successful party awarded partial costs only for the period after making a reasonable settlement offer.
The self-represented applicant sought costs following a 21-day trial where she was awarded $15,573.63 for spousal support and contributions to a property.
The respondents sought full recovery costs of $71,473.57.
The court found the applicant's conduct highly unreasonable for most of the litigation, disentitling her to costs for that period.
However, after she made a reasonable settlement offer mid-trial, she was entitled to partial recovery costs.
The court awarded the applicant $3,250 in costs, factoring in her opportunity cost and the legal assistance she received.
