Rule Details
CAZABON v CAZABON
Rules Discussed
- Rule 4.29 Costs consequences of formal offer to settle
- Rule 10.31 Court-ordered costs award
- Rule 10.33 Court considerations in making costs award
Case Summary
Prior to Trial, Ms. Winter served a Formal Offer to Settle of $150,000 on Mr. Cazabon. At Trial, Ms. Winters received Judgment of $229,501.17 plus half of Mr. Cazabon’s pension for the period of joint accrual.
Pursuant to Rule 4.29, Ms. Winter sought, and was awarded, double Costs for any step taken after the Formal Offer to Settle was served. Based on the Judgment, Ms. Winter’s fees were recoverable pursuant to Rule 10.31, under Column 3 of Schedule C.
However, as a result of Mr. Cazabon’s conduct throughout the proceedings, Ms. Winter sought enhanced Costs. The Court found that Mr. Cazabon had engaged in misconduct and unnecessary conduct. This warranted enhanced Costs, pursuant to Rule 10.33. As a result, Ms. Winters was granted an enhancement in Costs, moving her from Column 3 to Column 4, rounded up to the nearest $10,000 increment to equal a 30% addition to her double Costs.