What are the individual defendants in a motion for substantial indemnity costs in a personal injury action?

Ontario, Canada


The following excerpt is from 1668135 Ontario Inc. v Pearce, 2016 ONSC 6667 (CanLII):

I reject the individual defendants’ submission that substantial indemnity costs should be awarded as the plaintiff is not guilty of “egregious misconduct in the proceeding”. See Iannarella v. Corbett, 2013 ONCA 110 (CanLII), para .139. The plaintiff’s repeated inability to deliver crafting a proper pleading does not meet this standard. Parenthetically, I note that the individual defendants submit that the further Amended Pleading was delivered shortly after the September 22, 2016 deadline and, in any event, remains inadequate. The plaintiff is at liberty to bring a further motion to strike. It is not a matter that is appropriate to decide on this costs motion.

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