Sentences with phrase «costs on a substantial indemnity basis»

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.

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 Court in Tetra Consulting v Continental Bank et al., 2015 ONSC 6546 recently responded to this employer tactic by ordering Continental Bank to pay costs on a substantial indemnity basis.

In the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafter.

Not exact matches

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.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity costs).

All costs incurred by Party A after the Rule 49 offer on January 1, including the costs of trial, are to be paid on a substantial indemnity basis.

In a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnity.

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

Costs are generally granted on a partial indemnity basis: about 2 / 3rds of the lawyers full (substantial indemnity) billing rate.

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.

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.

The court fixed costs to be payable by Ms. Masgras on a substantial indemnity basis to the Hospital at $ 19,885.74 and to Dr. Hinkewich at $ 11,642.00.

The respondents sought their costs of the application on a substantial indemnity basis against Ms. Masgras personally.