The appellant appealed a threshold ruling and costs order made by the trial judge in a motor vehicle accident action.
The appellant abandoned the appeal of the threshold ruling but argued the trial judge erred in departing from the usual costs consequences after the plaintiff obtained a judgment less favourable than the appellant's offer to settle.
The Court of Appeal agreed, finding no exceptional circumstances to justify the trial judge's departure from the rule.
The Court set aside the order of no costs post-offer and awarded the appellant $70,000 in costs, to be set off against the $135,000 awarded to the respondent for pre-offer costs.
