Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount?

Ontario, Canada


The following excerpt is from Crete v. Carleton Condominium Corportation #47 (Chateau Vanier Towers), 2008 CanLII 475 (ON SC):

I prefer the view that, unless the circumstances of a case trigger consideration of a number of the factors in Rule 57, including conduct of the kind described in Rule 57.01(1) (e) or (f), a defendant will not be awarded enriched costs over and above partial indemnity fees in the absence of any reasonable offer to settle a plaintiff’s claim by payment of some amount. Even then where the plaintiff’s conduct has not been found to be on balance egregious, a court may decline to award costs sanctions throughout the proceedings or prior to the defendant’s offer to settle; see St. Louis-Lalonde v. Carleton Condominium Corporation No. 12, [2005] O.J. No. 4164 (S.C.J.).

Other Questions


Is a defendant entitled to substantial indemnity costs for making an offer to pay in exchange for a release of all claims? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
Is a defendant entitled to a substantial indemnity cost for refusing to settle? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost for failing to agree or settle? (Ontario, Canada)
What is the test for proportionality and reasonableness in determining the amount of costs of a claim? (Ontario, Canada)
What is the test for establishing a reasonable limitation on the amount of damages a plaintiff can claim against a third party? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs? (Ontario, Canada)
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost under a contract with CIBC? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.