The usual costs award is on a partial indemnity scale. As Molloy J., described in Standard Life Assurance Company v. Elliott[1] Costs on a partial indemnity basis are the norm and are awarded on that scale in the vast majority of cases. The situations in which costs on a substantial indemnity basis are appropriate are rare. However, one of the situations in which such an award is appropriate is where one party to the litigation has behaved in an abusive manner, brought proceedings wholly devoid of merit, and unnecessarily run up the costs of the litigation. (internal citations omitted)
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