In his decision, the judge found that this was one of those rare and exceptional cases where the directors» conduct was worthy of sanction deserving of a costs
award 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.
In coming to the $ 250,000 figure, the panel awarded costs for the 40 days of hearing after May 8, 2012, noting «this is not an arithmetical exercise» and referring to its «wide discretion» as to the actual amount, declined 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.
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.
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.
The only real issue is whether those costs should be
on a substantial indemnity basis.