What is the test for indemnifying a successful litigant for their costs?
Ontario, Canada
The following excerpt is from Collins v Colling, 2017 ONSC 2232 (CanLII):
In determining how these objectives can be most appropriately achieved, the court must balance the goal of indemnifying the successful litigant for their costs with the importance of not unduly deterring potential litigants from pursuing legitimate claims for fear of overly burdensome cost consequences (Cassidy v. Cassidy, 2011 CarswellOnt 1541 (S.C.J.)).
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