Following a seven-day trial in which the plaintiff obtained judgment for a trust interest of $560,000 and successfully defended a counterclaim, the court determined the costs of the action.
The court held that neither side established entitlement to enhanced costs consequences under Rule 49 because the offers to settle were inconsistent with the theory advanced at trial or were not more favourable than the result obtained.
The plaintiff was entitled to costs as the successful party on both the claim and counterclaim, but only on a partial indemnity basis.
After reviewing the bills of costs and the reasonable expectations of the unsuccessful party, the court fixed costs at $120,000 inclusive of disbursements and HST.
