plaintiffs succeeded on group membership question in relation to corporate defendant but not individual defendant
Quick Take
1Where separate questions under UCPR r 28.2 are each appropriately viewed as a distinct 'event', issue-based costs orders reflecting the parties' respective success on each question may be made rather than treating the overall practical outcome as a single event.
2An offer of compromise that amounts to a demand for capitulation — requiring the offeree to concede the issue entirely while the offeror merely asserts existing entitlements without any identifiable concession — lacks the real element of compromise implicitly required by the rules and will not engage indemnity costs consequences.
3Where the outcome obtained differs from the terms of the offer (here, a qualified rather than unqualified affirmative answer), the offeror has not obtained a result no less favourable than the offer, which is fatal to reliance on the offer for indemnity costs purposes.
