What are the implications of the Court of Appeal’s decision to award elevated costs in a personal injury case?
Ontario, Canada
The following excerpt is from Direk v. Attorney General Of Ontario, 2011 ONSC 7356 (CanLII):
In the ordinary course, costs awards are made on a partial indemnity basis. Elevated costs awards – on a substantial indemnity or full indemnity basis – may be awarded where there has been sanction-worthy behavior by the losing party: where there has been “reprehensible, scandalous or outrageous conduct on the part of one of the parties": see Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3.
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