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Costs awarded to the defendant after plaintiff recovered less than the unaccepted settlement offer.
Following a judgment awarding the plaintiff $6,804 in damages for administrative segregation, the parties were unable to agree on costs and submitted written submissions.
The defendant sought double costs under Rule 420(2) of the Federal Courts Rules on the basis that the plaintiff obtained a judgment less favourable than an unaccepted $55,000 settlement offer made 14 days before trial.
The Court found no reason to depart from Rule 420, noting the plaintiff unnecessarily prolonged the trial by calling irrelevant evidence and maintaining an exaggerated claim despite previous orders and admissions.
The Court adjusted the claimed amounts and ordered the plaintiff to pay $15,000 in costs to the defendant.
