[Order 22A rule 9. The defendants made offers to a number of plaintiff’s under order 22A. Some plaintiff’s accepted the offers about 8 months later when the hearing to assess damages was nearly complete. The defendants claimed that under the rule they were entitled to their costs against those plaintiff’s on an indemnity basis. Held: the necessary conditions were not present and the rule did not apply as 1) these plaintiff’s had accepted offers and 2) there was no judgment equal to or less favourable than the offer. Appeal dismissed. ]
