When an insurer rejects a plaintiff's offer and proceeds to trial, the insurer risks both a higher damage award at trial and the imposition
of substantial indemnity costs after the date of the rejected offer.
The amendments also eliminated the presumption
of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.
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).
First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent
of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.
In addition, the Court refused to overturn the motion judge's award
of substantial indemnity costs.
This strategy came back to haunt the company in the form of an award
of substantial indemnity costs as well as an award of nominal costs following the appeal.
Not exact matches
Vigna claimed
substantial indemnity for $ 68,250 as a self - represented lawyer, $ 26,434.54 for fees from Heenan Blaikie, and disbursements
of $ 7,516, for a global
cost award from $ 50,000 — $ 65,000.
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.
«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth
of its own
substantial indemnity costs to any one successful party,» Brown wrote.
[29] The legislature chose not to provide a specific
cost consequence for an insurer's failure to participate in mediation, such as
substantial indemnity costs against a losing defendant or deprivation
of full
costs of a winning defendant.
The jury had awarded damages
of $ 350,000, St. Lewis asked the court to award her
costs on a
substantial indemnity scale
of $ 552,706.56 for fees and $ 55,305.97 for disbursements plus HST.
In a recent Ontario case, the judge awarded the victorious employee
substantial indemnity of his legal
costs, implying that such a result was necessary to punish the employer's conduct.
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.
substantial indemnity costs) that reflects the vast majority
of the former employee's legal
costs and, in extreme cases, an award
of punitive damages.
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.
(3) then, even after Plaintiffs have chosen to take the serious adverse
costs risks
of such trials, and even after they have been successful at trial and have received
costs awards under Rule 49.01 (1) on a
substantial indemnity scale;
(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.
The nature
of his allegations justifies
substantial indemnity costs.»
After the owner sought to discontinue the action, the corporation sought to obtain from the owner
substantial indemnity costs in the amount
of $ 77,497 representing legal fees, disbursements and HST expended by the corporation in the litigation, including $ 20,000 spent in response to the owner's motion to produce and preserve the proxies.
The plaintiff would receive its partial
indemnity costs until the date
of the defendant's offer, but offset by the defendant's
substantial indemnity fees thereafter.
A party can offer to settle an action (or a motion) and will receive
substantial indemnity costs from the date
of the offer.
Costs are generally granted on a partial
indemnity basis: about 2 / 3rds
of the lawyers full (
substantial indemnity) billing rate.
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.
The university had requested
costs on a
substantial indemnity of $ 13,000.
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.
(3) Did the motion judge err in principle in awarding
substantial indemnity costs as a result
of the appellants» conduct prior to the commencement
of the litigation?
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 respondents sought their
costs of the application on a
substantial indemnity basis against Ms. Masgras personally.
Finally, in the odd case
of Ferreira v. St. Mary's General Hospital,
substantial indemnity costs were ordered against a lawyer who had unilaterally commenced legal proceedings, without instructions, in order to oppose the decision
of her client's wife and next
of kin to withdraw life support from her client.