Following a summary judgment in favour of the plaintiff, the parties made supplementary submissions on costs.
The plaintiff sought substantial indemnity costs from the date of its offer to settle under Rule 49.10.
The defendant argued the offer did not comply with the rule because it was made in US dollars, contrary to section 121 of the Courts of Justice Act.
The court rejected this technical argument, finding the offer was a genuine compromise.
The court awarded the plaintiff costs of $21,288.71, including substantial indemnity costs from the date of the offer.
