In supplementary reasons regarding the costs of the trial, the Court of Appeal determined that the appellant's judgment was more favourable than its November 19, 1999 offer to settle.
The offer had proposed paying the respondent $200,000 while the appellant would retain ownership of the disputed invention.
Finding no reason to depart from the rule, the Court applied the cost consequences of Rule 49.10, awarding the appellant party-and-party costs up to the date of the offer and solicitor and client costs thereafter.
