Following a trial in which the plaintiff obtained judgment exceeding $543,000, the court issued supplementary reasons on costs after learning that the plaintiff had previously delivered a formal offer to settle under Rule 49.01(1) of the Rules of Civil Procedure.
The judgment obtained was more favourable than the terms of the offer.
Applying Rule 49 cost consequences, the court held that the plaintiff was entitled to substantial indemnity costs from the date of the offer to the date of judgment.
The adjustment increased the plaintiff’s cost entitlement.
The total costs award was amended accordingly.
