Following a trial where both the plaintiffs' claim and the defendant's counterclaim were dismissed, the court determined the issue of costs.
The plaintiffs had made two global offers to settle that were not accepted by the defendant.
Although the offers did not strictly comply with Rule 49.10, the court considered them under Rule 57.01 and section 131(1) of the Courts of Justice Act.
The court found that the defendant should have accepted the reasonable offers and ordered the defendant to pay the plaintiffs $80,657.12 in partial indemnity costs, inclusive of HST and disbursements.
