Not exact matches
We sanction untowards behaviour in Canada
by awarding
costs, typically on a partial or
substantial indemnity scale.
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.
Gordon followed up his trial victory
by asking the judge to award him $ 500,000 in
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.
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.
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.
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.