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.
[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.
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.
«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.
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.
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.