This Costs Decision arose out of a personal injury lawsuit where the Plaintiff was awarded damages. The awarded damages were $12,000 below the Formal Offer to Settle made by the Defendants, which triggered Rule 4.29, which provides that a Defendant is entitled to double Costs for all steps in taken in the Action after the offer is made, if the Plaintiff is awarded damages less than the Formal Offer.

The Plaintiff submitted that he should be relieved from a strict application of Rule 4.29 because a minor deferential of $12,000, should be reviewed as a “special circumstance” as set out under the exceptions listed in Rule 4.29(4)(e). The Plaintiff failed to provide any authorities in support, but the Court noted that there are authorities to the contrary where “being close to an offer is not enough to trigger the relief he seeks”. Accordingly, the Court dismissed Plaintiff’s submission on the point.