In supplementary reasons regarding costs, the Court of Appeal considered offers to settle made by both parties.
Despite the appellant's success on the appeal, the court ordered no costs of the appeal because the respondent's offer to settle was almost identical to the appeal result.
For the application, considering the appellant's misconduct and the various offers, the court ordered no costs to either party up to November 1, 1999, and party-and-party costs to the respondent thereafter.