The plaintiffs say that had Lombard responded positively to the offer of July 3rd , 2001, virtually all the litigation and its attendant costs could have been avoided; the same arguments are proportionately made with respect to the subsequent offers. The plaintiffs point to the decision of Justice Hall in Burton v. Howlett (1999), 1999 CanLII 2253 (NS SC), 181 N.S.R. (2nd) 189 and submit that: “...where, as here, a party rejects an offer of settlement that is subsequently exceeded by the award of the court after trial, that party will normally suffer the consequences in the payment of additional costs”.
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