stubborn refusal to accept the Applicants» success set them on a path of deliberate and continual contempt that should attract a costs
award on a substantial indemnity basis.
Not exact matches
Justice Smith considered the success of Vigna at trial, which exceeded the numerous settlement offers, as well as the malice of Levant in his campaign against the Human Rights Commissions, to
award costs
on a
substantial indemnity basis.
The motions judge also subsequently
awarded costs against Affinia
on a «
substantial indemnity»
basis, relying
on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.
Following the jury's verdict, Justice Ramsay
awarded the plaintiff costs
on a
substantial indemnity basis (a higher rate than usual) from the date of his offer to settle until the trial, along with costs
on a partial
indemnity basis (the usual rate) up until the offer, for a total of $ 140,000 plus HST.
In
awarding the plaintiff's costs
on a
substantial indemnity basis Master Short wrote: «I am not satisfied that this motion needed to be brought, nor that it ought to have been brought.»
The appellant also appeals against that portion of the costs
award that granted costs to the respondent
on a
substantial indemnity basis from the date of its offer to settle.