What is the test for awarding partial indemnity costs in a personal injury case?
Ontario, Canada
The following excerpt is from Sgromo v. Polygroup International et al., 2017 ONSC 5324 (CanLII):
I have determined that costs should be awarded in this case on a partial indemnity basis. The plaintiff’s conduct, in my opinion, did not rise to the threshold as set out in Young v. Young to warrant the sanction of substantial indemnity costs. That does not mean, however, that I cannot take the plaintiffs’ conduct into account in fixing partial indemnity costs. A party’s conduct is expressly referred to in Rule 57.01(e) (f) and (g) as a factor that the court may consider.
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