2 total
Indeterminate offer did not trigger Rule 49 costs consequences.
Following success on a summary judgment motion in a wrongful dismissal action, the plaintiff sought enhanced costs based on an unaccepted Rule 49 offer.
The court held that the offer was too indeterminate to trigger Rule 49 consequences because the amount payable to settle was not fixed or knowable at the time of acceptance.
The court also allowed pre-judgment and post-judgment interest that had been overlooked on the summary judgment motion.
Costs were awarded to the plaintiff on a partial indemnity basis in the amount of $31,000 all inclusive.
Substantial indemnity costs denied as plaintiff's Rule 49 offer to settle was too indeterminate.
Following a successful summary judgment motion for wrongful dismissal, the plaintiff sought costs on a substantial indemnity basis, relying on a Rule 49 offer to settle.
The court found the offer was too indeterminate to trigger costs consequences because the principal amount the defendant would have to pay was not fixed or determinable.
The court awarded the plaintiff costs on a partial indemnity basis, fixed at $31,000 all inclusive, and allowed the plaintiff's claim for pre- and post-judgment interest.
