This is a costs decision following a trial in which the plaintiffs obtained a declaration that the defendant holds a sixty percent interest in property located at 1 Mill Walk Court, Richmond Hill, Ontario.
The plaintiffs sought costs on a partial indemnity basis until March 13, 2025, and substantial indemnity costs thereafter based on an offer to settle made on that date.
The defendant argued for a significant reduction in costs, contending that the plaintiffs abandoned most of their claims and that the offers were not comparable to the relief granted.
The court found that while the offers were not sufficiently comparable to invoke substantial indemnity costs, the plaintiffs had made genuine settlement efforts and the costs claimed were reasonable for most stages of the litigation.
The court awarded costs of $120,000 inclusive of disbursements and HST, representing a discount from the plaintiffs' claim due to the shifting relief sought.
