Following a successful appeal that ordered a new trial limited to damages, the appellant sought its costs of the trial.
The Court of Appeal declined to defer the costs assessment until damages were quantified, citing the respondent's reprehensible conduct in rigging bids prior to the litigation.
The court awarded the appellant its trial costs on a substantial indemnity scale, fixed at $370,000, after applying a 40% reduction to account for the appellant's lack of success on certain issues.
The court declined to make a distributive costs order in favour of the respondent.
