Where an Offer of Compromise is served at a time when the offeree has not yet had the opportunity to inspect newly disclosed documents, the court may adjust the date from which indemnity costs run to the expiry of the offer period rather than the day after the offer was made. A 'walk away' offer made mid-trial can constitute a genuine compromise where the offeror has already incurred substantial costs. Failure to make or renew an offer of compromise once an appeal is instituted weighs against an award of indemnity costs on appeal.
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