Following an appeal where the appellant was partially successful, the parties sought a determination on costs.
The respondent had made a pre-trial offer to settle for $275,000, and the appeal reduced her damages to $394,884.52, which still exceeded the offer.
The trial costs order of party and party costs to the offer date and solicitor and client costs thereafter was maintained.
For the appeal, the appellant succeeded on two of six issues.
The court awarded the appellant one-third of its party and party costs of the appeal, noting the respondent's pre-appeal offer did not address all issues on which the appellant succeeded.
