Following a successful motion for summary judgment by the defendants, the court determined the quantum and scale of costs.
The defendants sought $97,599.95 in substantial indemnity costs, relying on a Rule 49 offer to settle.
The court found the offer was valid and the plaintiff fared less favourably, justifying costs on a higher scale.
However, noting the lack of complexity and the principle of proportionality, the court fixed costs at $45,000 inclusive of HST and disbursements.
