The successful respondents in two applications sought their costs, arguing for substantial indemnity based on offers to settle that effectively invited capitulation.
The court declined to award substantial indemnity costs, noting that an offer to capitulate is not an offer of compromise and there was no egregious conduct.
Costs were awarded on a partial indemnity scale and fixed at $20,000, inclusive of HST and disbursements, having regard to proportionality and the factors in Rule 57.01.
