Following a nine-day trial where the plaintiff's claim was dismissed, the successful defendants sought costs.
The defendants had made a valid Rule 49 offer to settle for $50,000, entitling them to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.
However, due to significant deficiencies in the defendants' Bill of Costs, including a lack of itemized dockets and disbursement invoices, the court exercised its discretion under s. 131 of the Courts of Justice Act to fix costs at $120,000 all-inclusive.