Following a successful summary judgment motion for wrongful dismissal, the applicant sought costs.
The applicant had served a Rule 49 offer to settle that was more favorable than the final judgment of $35,743.13.
The court awarded the applicant partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.
After considering proportionality and the respondent's unreasonable conduct in arguing mitigation without evidence and relying on an invalid termination clause, the court fixed costs at $25,000 inclusive of disbursements and interest.
