Following a motion for summary judgment in an employment dispute, the court had dismissed several tort and Charter claims but allowed the claims for constructive dismissal and wrongful dismissal to proceed to trial.
The parties disputed entitlement to costs of the motion.
The court held that the motion resulted in mixed success but considered a written offer to settle made under Rule 49 when exercising its discretion under Rule 49.13 of the Rules of Civil Procedure.
Although the technical cost consequences of Rule 49.10 did not apply to a motion decision, the offer was relevant to costs.
The moving party was awarded partial indemnity costs from the date of the offer to settle and certain additional costs relating to adjournments and abandoned motions.
