What are the costs of a successful plaintiff in a civil action?
Ontario, Canada
The following excerpt is from In the Estate of Stefanie Aber, deceased, 2015 ONSC 5123 (CanLII):
Costs in civil litigation are normally awarded on a partial indemnity basis. While substantial indemnity costs can be awarded against a party, the usual reason for such an order is the fact that the party has engaged in reprehensible, scandalous or outrageous conduct (Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at p. 134). Substantial indemnity costs may also be awarded to a successful plaintiff under rule 49.10(1), where a plaintiff has made an offer to settle and has received a judgment at trial that is as favourable or more favourable than the offer. However, in such a situation, costs are awarded on a partial indemnity basis to the date of the offer, with substantial indemnity costs from the date of the offer, unless the court orders otherwise.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for success in a civil action brought by a plaintiff against two police officers who used excessive force against her? (Ontario, Canada)
Is it possible for a shareholder-plaintiff in an oppression action to continue the action without paying interim costs? (Ontario, Canada)
Is a successful plaintiff required to pay the costs of the unsuccessful Defendant in a personal injury action? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Can a plaintiff recover damages and costs from a defendant who has been successful in a personal injury action? (Ontario, Canada)
Does s.29(1) of the Civil Code of Civil Procedure preclude vicariously liable actions from being brought by a plaintiff in a motor vehicle accident? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
What is the test for security for costs in an action brought by a plaintiff against the government? (Ontario, Canada)
Does a statement from Western Canadian Shopping Centres about the capacity of the representative plaintiff to bear costs order under section 5(1)(e) of the CPA apply to a class action? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
