The appellant, having successfully reduced the trial damages award on appeal to an amount lower than its pre-appeal offer to settle, sought costs of $11,347.53.
The respondents argued for no costs due to divided success.
Applying the principles from Boucher, the court rejected a purely mechanical calculation of hours and fixed costs at $5,000 plus disbursements and GST, finding this amount to be fair, reasonable, and within the reasonable expectations of the parties.
