The court determined costs following a summary trial where both the plaintiff's claim and the defendant's counter-claim were dismissed.
Despite the divided success, the court awarded costs to the plaintiff, finding that the defendant unreasonably rejected two 'walk away' offers to settle.
The court also noted the defendant's uncompromising attitude and procedural missteps, including serving an expert report late and calling a contrived witness.
The plaintiff was awarded partial indemnity costs from the date of her last offer, offset by a prior interlocutory costs award in favour of the defendant.
