This costs endorsement followed a four-week jury trial where the plaintiffs received a net award of $191,228.65.
The defendant's pre-trial offer of $250,000 to settle all claims was found to attract Rule 49.10 cost consequences, despite being a lump sum and inseverable offer to multiple plaintiffs, due to the application of s. 62(1) of the Family Law Act.
The court adjusted the defendant's claimed costs downward, particularly for internal counsel's estimated time, to ensure indemnity rather than a windfall.
The plaintiffs were awarded partial indemnity costs up to the offer date, and the defendant from that date forward.
A net payment of $21,923.17 in costs was ordered from the defendant to the plaintiffs.
Prejudgment interest on non-pecuniary damages was ordered to run until the end of the trial.
