In what circumstances will the court order substantial indemnity costs for a party who has a weak case?
Ontario, Canada
The following excerpt is from Sgromo v. Scott et al., 2017 ONSC 5323 (CanLII):
In Bond v. Brookfield Asset Management Inc., [2011] O. J. No. 2760 (S.C.J.), the defendants submitted that substantial indemnity costs should be awarded because there was no basis on which the plaintiffs could reasonably assert that Ontario had jurisdiction simpliciter and no basis for the plaintiff to refute that Ontario was a forum non conveniens. Perell J. held at para. 6: In my opinion, it would not be a proper exercise of the court’s discretion to order costs on a substantial indemnity basis simply because a party has a weak case or even a very weak case.
"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
In what circumstances will the court order substantial indemnity costs against a party who has a weak case? (Ontario, Canada)
In what circumstances will the court award a substantial indemnity cost in a personal injury case? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
In what circumstances will the court order a custody and access order in the best interests of both parties? (Ontario, Canada)
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
Can a party who makes unfounded allegations against lawyers acting for the opposing party be sanctioned by the court with indemnity costs? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
In what circumstances will a contemnor be ordered to pay substantial indemnity costs? (Ontario, Canada)
In what circumstances will a court award substantial indemnity costs on a motion to amend a statement of defence? (Ontario, Canada)
