The defendants sought costs on a substantial indemnity basis after successfully achieving a dismissal of the action at the opening of trial.
The defendants had made three offers to settle, the last being a valid, unexpired Rule 49 offer.
The plaintiff did not file any responding costs submissions.
The court awarded the defendants substantial indemnity costs from the date of their final offer, and partial indemnity costs for the steps taken prior to that offer, resulting in a total costs award of $39,298.11 plus GST.
