The plaintiffs sought costs on a substantial indemnity scale following a judgment in their favour regarding a real estate transaction.
They relied on three Rule 49 offers to settle.
The court found that the offers did not meet the requirements of Rule 49.10 because the judgment obtained was not more favourable than the first offer, and the offers contained uncertain terms requiring the future negotiation of a full and final release.
The court awarded the plaintiffs costs on a partial indemnity scale in the amount of $31,843.09, noting that the defendant's conduct, while causing delay, was not egregious enough to warrant substantial indemnity costs.
