In Swatridge v Waters Estate, 2014 ONSC 5333, which is purely a ruling on costs, the court held that neither party should receive costs. Under Rule 49 of the Rules of Civil Procedure, RRO 1190, Reg. 194, when a plaintiff makes an offer which is declined by the defendant and then obtains a judgment that is as favourable or more favourable than the offer, the plaintiff is entitled to partial indemnity to the date of the offer and substantial indemnity from the date of the offer forward. In the alternative, when a defendant makes an offer which is declined by the plaintiff and then obtains judgment that is as favourable or less favourable than the offer, the plaintiff is entitled to partial indemnity to the date of the offer and the defendant is entitled to partial indemnity from the date of the offer forward.

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