[24] While always mindful of the principle of proportionality and of the criteria set out in rule 57.01 of the Rules of Civil Procedure, I cannot ignore the fact that the third party decided to play hardball over a low value claim and opted to go to a jury trial for three and a half days, rather than contribute $30,000 to settle the case in its entirety.
[25] I see no reason for the defendant not to be substantially indemnified for being required to go through a trial because of what I presume to be the third party’s insurer’s refusal to accept a recommendation from highly experienced counsel to settle for $30,000, and then not accepting the defendant’s rule 49.02 offer of 30 May 2017.