Does a plaintiff have to pay the costs of an indemnity claim?
Saskatchewan, Canada
The following excerpt is from Guyer Oil Company Ltd., Golden Eagle Oil & Gas Limited and Husky Oil (Alberta) Ltd. v. Fulton and Gladstone Petroleum Ltd., 1973 CanLII 974 (SK QB):
In Adams v. London Improved Motor Coach Builders Ltd., [1921] 1 K.B. 495, Bankes L.J. at p. 499 said: “The principle upon which costs as between party and party are allowed is that the costs are awarded to the person claimsing them as an indemnity. That being the principle, it follows that any one who is not in a position to claim to be indemnified is not entitled to an order for party and party costs.”
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