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.
