Following a six‑day trial in which the plaintiffs successfully recovered unpaid legal fees and defeated a counterclaim alleging solicitor’s negligence, the court determined the issue of costs.
The plaintiffs had obtained judgment for $90,454.81 and dismissal of the defendant’s counterclaim seeking over $428,000.
The court considered the discretionary framework under s. 131 of the Courts of Justice Act, Rules 49 and 57.01 of the Rules of Civil Procedure, and the effect of a prior Rule 49 offer to settle for $60,000.
Finding the plaintiffs were entirely successful and that their settlement offer was more favourable than the ultimate result, the court awarded partial indemnity costs to the date of the offer and substantial indemnity costs thereafter.
Costs were fixed in all‑inclusive amounts for both the main action and the counterclaim.
