Background: Newfore Inc. filed a lien action against BCHQ Holdings stemming from a construction contract dispute.
Facts: Newfore Inc. was awarded $258,453.04 in damages, after a deduction, and BCHQ Holdings' counterclaim was dismissed.
Issues/Main Discussion: The primary discussion revolved around the costs incurred during the proceeding, with Newfore Inc. arguing for partial indemnity costs up to their offer date and substantial indemnity costs thereafter, seeking a total of $75,858.61.
Ruling: The court found Newfore Inc.'s offer to settle satisfied the applicable rules, justifying their entitlement to the costs consequences. The court awarded Newfore Inc. costs of $44,150.00 in legal fees plus $5,739.50 HST and $5,035.86 in disbursements, totaling $54,925.36.
Amount Awarded: Newfore Inc. was awarded costs totaling $54,925.36, inclusive of HST and disbursements, to be paid by BCHQ Holdings within 30 days.
