Following a successful trial resulting in damages of $400,000 for the applicants, the court determined the appropriate costs award.
The applicants sought substantial indemnity costs exceeding $213,000 based on early settlement offers.
The respondents accepted that costs were payable but argued for a lower partial indemnity award.
The court held that the settlement offers did not justify substantial indemnity costs and that partial indemnity costs were appropriate after considering Rule 50.10 factors including trial length, complexity, and importance of the issues.
Costs were fixed at $150,000 inclusive of disbursements and taxes.
