Is a successful party on a stay motion for non-disclosure of a settlement entitled to substantial or full indemnity costs?
Ontario, Canada
The following excerpt is from Crestwood Preparatory College Inc. v. Smith, 2021 ONSC 8444 (CanLII):
I agree with the Plaintiffs that the successful party on a stay motion for non-disclosure of a settlement is not presumptively entitled to either substantial or full indemnity costs: see Waxman v. Waxman, 2021 ONSC 2180 at paras. 108-110. Awards of costs on a partial indemnity scale have been made on such motions in a number of cases.
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