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The court rejected the defendant’s request for double costs, holding it could not say her offer to settle was as favourable as the judgment overall.
The Court of Appeal held that a Rule 37 settlement offer was clear and triggered costs consequences, and it exercised discretion to award the defendant $8,640 in fast-track costs.
The court held that Scotia Mortgage Corporation was entitled to double Scale 3 costs after its valid Rule 37 offer to settle dated April 15, 2005.
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