Following a 7-day trial regarding a neighbourhood dispute, the successful defendants/plaintiffs by counterclaim sought costs of $75,972.99 on a substantial indemnity basis.
The court found that their Rule 49 offer to settle was not strictly beaten at trial, and the unsuccessful party's conduct was not so reprehensible as to warrant substantial indemnity costs.
Applying the principles of reasonableness and proportionality under Rule 57, the court fixed costs payable to the successful parties at $47,194.81.
