Following success at trial in a trust and reconveyance dispute over eleven parcels of real property, the plaintiff sought substantial indemnity costs based on an offer to settle.
The court held that the Simplified Procedure cost cap did not apply because the action predated 1 January 2020 and the value of the claim far exceeded the monetary threshold.
Although the plaintiff's 25 October 2022 offer satisfied Rule 49 and the trial result was more favourable than the offer, the court declined to impose enhanced costs because the underlying arrangement was intended to shield property from creditors and both sides had participated in the improper scheme.
The plaintiff was awarded costs only on a partial indemnity basis throughout.
