What is the principle of indemnity and what is the test for indemnity costs?
Ontario, Canada
The following excerpt is from J.H. v. Windsor Police Services Board, 2018 ONSC 11 (CanLII):
In relation to the principle of indemnity, the defendant Board relied on the general rule that a successful party is entitled to its costs, and that a defendant who has been entirely successful presumptively is entitled, at a minimum, to its partial indemnity costs throughout the litigation. See, for example, Schwark Estate v. Cutting, [2010] O.J. No. 1728 (C.A.), at paragraph 4.
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