A pre-trial Calderbank offer that is not renewed or revived between the trial judgment and the appeal will not support an order for indemnity costs of the appeal, even where the offeror succeeds on appeal. A party making a Calderbank offer is in no better position than a party who made an offer under the Rules of Court, and had the offer been made under the Rules it would have ceased to be operative in appellate proceedings. To secure indemnity costs on appeal, a fresh Calderbank offer should be made in the period between the trial and the appeal.
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