Following a trial where the plaintiff was awarded damages for conspiracy and breach of fiduciary duty, the court determined costs.
The plaintiff sought over $124,000, claiming substantial indemnity costs based on an offer to settle.
The court found the judgment was not as favourable as the offer because the offer included the defendant surrendering his shares, which the court declined to order at trial.
The court also disallowed a $13,740 disbursement for a valuation report related to the unsuccessful share claim.
Costs were fixed at $80,000 payable by the primary defendant, with the co-defendant jointly and severally liable for $35,000.
