Echelon Environmental Inc. sought to vary a costs disposition in its favour, requesting substantial indemnity costs after an Offer to Settle, arguing its judgment was greater than the offer.
The target defendant, Jeda Rose Management Inc., opposed this.
The court found Echelon's Offer to Settle lacked clarity regarding pre-judgment interest calculation and that the $2,000 discount from the judgment amount did not fulfill the incentive to settlement under Rule 49.10.
The court exercised its discretion under Section 131 of the Courts of Justice Act, refusing to apply Rule 49.10 and maintaining the original costs award of $22,500.00.
