The Court declined indemnity costs based on rejected Calderbank offers where the offers were made before evidence was served, before a cross-claim was filed, and where the proposed deed required releases and indemnities extending beyond the scope of the proceedings. A separate Calderbank offer was also held not unreasonably rejected where expert evidence on two of three buildings had not yet been served at the time of the offer. The Court rejected a claim for indemnity costs based on alleged delinquency arising from a party's principal's inappropriate involvement in expert report preparation, holding that non-disclosure of such involvement was ultimately the expert's responsibility, not the party's. A gross sum costs order of $326,368.19 was made based on a solicitor's affidavit applying discounts of 40% to professional fees and 20% to disbursements, without requiring production of primary records.
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