What indemnity costs may be awarded against a plaintiff who takes inappropriate default steps?
Ontario, Canada
The following excerpt is from BPR Litigation Lawyers and Justin Baichoo, Barrister and Solicitor v. Globedex Financial Corp., Benny Siu Wai Cheung aka Benny Wan and Karine Ka Wu, 2022 ONSC 1661 (CanLII):
Our courts have consistently held that substantial or full indemnity costs may be awarded against a plaintiff taking inappropriate default steps when a party clearly intends to defend the proceedings and was taking steps to bring a motion to strike the plaintiff’s pleadings; see 2289878 Ontario v. Gourmet Gringos, 2016 ONSC 6204.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
What are the cost consequences of rule 49.10(2) of the Rules of Civil Procedure when a plaintiff is awarded damages in a motor vehicle accident? (Ontario, Canada)
Can full indemnity costs be awarded where unsubstantiated allegations of dishonesty are made against a party? (Ontario, Canada)
Is it an error in principle to award substantial indemnity costs when a defendant has a meritorious defence? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (Ontario, Canada)
In what circumstances will the court order a lawyer not to advise opposing counsel before taking steps to note a defendant in default? (Ontario, Canada)
What is the impact of the conduct of plaintiffs’ counsel on the award of costs in Rule 49.10? (Ontario, Canada)
