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.
Not exact matches
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).
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.
(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.