Following a trial to recalculate an equalization payment based on the applicant's pension, the applicant sought costs on a full indemnity basis.
The court found that the trial was entirely unnecessary, as the respondent had access to the applicant's expert report well in advance and the respondent's own expert reached essentially the same conclusion.
Furthermore, the applicant had made multiple offers to settle that were as favourable or more favourable than the final trial decision, which the respondent failed to accept.
The court exercised its discretion to award the applicant costs on a full recovery basis in the amount of $30,392.
