Following a trial of issues arising from an oppression remedy application, the applicant was awarded $459,200 for its shares in the respondent corporation.
The applicant sought costs, relying on an offer to settle for $350,000 that was not accepted by the respondents.
The court found the applicant beat its own offer and was entitled to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.
The court fixed total costs at $77,000, reducing the claimed amount to reflect proportionality and the unnecessary duplication of legal work.
