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.).
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