The plaintiff sought substantial indemnity costs after being the more successful party at trial regarding property ownership and unjust enrichment claims.
The defendant argued for mixed results and that the plaintiff's offers were not more favourable.
The court found the plaintiff was the more successful party but noted mixed results and that the plaintiff's offers did not meet the Rule 49 threshold for substantial indemnity.
The court also considered the defendant's unreasonable conduct regarding the property listing.
Costs were awarded to the plaintiff on a partial indemnity basis, with a reduction for mixed results, totaling $17,573.05, payable from the defendant's share of the property sale proceeds.
