Following a decision finding a binding agreement of purchase and sale for 48 residential building lots, the successful purchaser sought costs on a substantial indemnity basis relying on a Rule 49 offer to settle.
The court awarded costs to the purchaser, applying partial indemnity rates up to the date of the offer and substantial indemnity rates thereafter.
The court reduced the claimed hourly rates to reflect appropriate percentages of full indemnity rates and deducted time spent on an unissued statement of claim, fixing total costs at $62,770.92.
