When assessing costs on a substantial indemnity basis is indemnification or recovery not complete?

Prince Edward Island, Canada


The following excerpt is from Re Gunn Estate, 2010 PECA 13 (CanLII):

When costs are assessed on a substantial indemnity basis indemnification or recovery is not necessarily complete. The objective in assessing costs on this basis is that the successful party is to be substantially indemnified for his or her costs of the litigation, subject to the qualification that the level of indemnification is always reasonable. See: MacPherson v. Ellis, supra, at paras. 26 to 30.

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