Middleton v. Municipality of Highlands East
Wrongful Dismissal Costs: Sanderson Order & Rule 49.10
Summary
This is a costs ruling in a wrongful dismissal action involving the Municipality of Highlands East and individual defendants. The court addressed the allocation of costs between the plaintiff and the defendants, applying Rule 49.10 regarding offers to settle and determining appropriate hourly rates for counsel. A Sanderson Order was granted, requiring the municipality to pay the costs of the successfully defended individual defendants.
Outcome
Plaintiff awarded partial indemnity costs up to the date of the defendant's offer and substantial indemnity costs thereafter; Sanderson Order granted against the municipality.
Award
Partial indemnity costs up to the date of the defendant's written offer; substantial indemnity costs thereafter; municipality ordered to pay costs of successful individual defendants.
Key Factors
- wrongful dismissal
- costs
- offers to settle
- Sanderson Order
- Rule 49.10
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