[20] York Fire served two offers to settle. Both offers were better for the plaintiff than the decision of the jury.
[21] Rule 49.10(2) indicates that where the plaintiff obtains a judgment that is as favourable or less favourable then the defendant’s offer to settle, the plaintiff is entitled to costs on a partial indemnity basis up to the date of the service of the offer to settle and the defendant is entitled to costs on a partial indemnity basis from the date the offer to settle was served, “unless the court orders otherwise”.
Disposition
[35] I therefore order that the plaintiff, Joyce Tracey, shall pay costs to the defendant, York Fire & Casualty Insurance Company, in the sum of $135,600 inclusive of HST for fees and disbursements in the amount of $36,248.55 for a total of $171,848.55, payable in 30 days.