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Costs offset and no costs awarded where judgment was as favourable as the defendant's settlement offer.
Following a summary judgment for wrongful dismissal, the parties sought costs.
The plaintiff claimed $33,839.99, while the defendant argued its offer to settle triggered Rule 49.10.
The court found the judgment was as favourable as the defendant's final offer to settle, entitling the plaintiff to partial indemnity costs up to the offer date and the defendant to partial indemnity costs thereafter.
As the respective costs amounts were roughly equal, the court ordered the parties to bear their own costs.
Summary judgment granted for wrongful dismissal; 16-month notice period awarded with no deduction for mitigation.
The plaintiff, a 52-year-old claims adjuster with over 21 years of service, moved for summary judgment for wrongful dismissal.
The defendant argued for a shorter notice period and a 10% reduction for failure to mitigate.
The court found the plaintiff's position was mid-level technical, warranting a 16-month notice period.
The court also held that the plaintiff's mitigation efforts were reasonable and declined to reduce the damages.
