What are the implications of a claim for substantial indemnity costs in a personal injury case?
Ontario, Canada
The following excerpt is from R.C. and J.M. v. Western Assurance Company, 2022 ONSC 899 (CanLII):
The respondent advances a claim for substantial indemnity costs. Elevated costs, that being costs on a substantial indemnity or full indemnity scale, are rarely awarded unless a formal offer to settle triggers the application of Rule 49.10. Excluding cases where Rule 49.10 applies, elevated costs awards generally arise in cases involving malicious conduct where a party’s actions warrant “rebuke from the court”: Davies v. Clarington (Municipality), 2009 ONCA 722, at paras. 45-46.
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