Following a successful appeal in which the appellants were awarded a 50% interest in a residential property, the court addressed trial costs.
The appellants sought approximately $155,000 in costs on a substantial indemnity basis, arguing the result beat their offer to settle.
The court declined, finding the result did not beat the offer because the appellants were awarded 50% ownership rather than 50% of the equity, with the equity value remaining to be determined on a subsequent accounting.
Trial costs were awarded on a partial indemnity basis in the amount of $70,000 all inclusive.