Following a successful wrongful dismissal trial, the court determined the appropriate costs award.
The plaintiff sought substantial indemnity costs relying on settlement offers, including a global offer combining arbitration and the civil action.
The court held that the global offer did not constitute a valid Rule 49 offer because it combined two separate proceedings and did not allow the defendants to evaluate liability separately.
Costs were therefore fixed on a partial indemnity basis in the amount of $225,000 plus HST and disbursements.
The court also declined to award costs to a discontinued individual defendant after drawing a negative inference from the refusal to disclose whether those costs were indemnified under the Ontario Business Corporations Act or insurance.
