PROCEDURE — Final orders — Where parties ordered to confer on appropriate orders to give effect to reasons in primary judgment — Where parties could not reach agreement on all orders — Final orders made
Quick Take
1The appropriate time to propose an alternative independent administrator is at the hearing, not after judgment has been delivered; a post-judgment challenge to the proposed administrator's hourly rate was rejected.
2An unaccepted offer of compromise under UCPR r 20.26 triggers a presumptive entitlement to indemnity costs under r 42.14 where the judgment obtained is no less favourable than the offer; the same result was reached in the alternative under Calderbank principles, having regard to the unreasonableness of the rejection, the time allowed, and the extent of the compromise.
3Liberty to apply in the context of an independent administration is ordinarily granted to the administrator alone, not to all parties, where the substantive dispute has been determined.
