Is a plaintiff entitled to a substantial indemnity cost for failing to agree or settle?
Ontario, Canada
The following excerpt is from Smith v. J.H. Gallant Limited, 2018 ONSC 7738 (CanLII):
However, mere failure to agree or settle, and adherence to unsuccessful positions in litigation, are not by and of themselves grounds for awarding costs on a substantial indemnity basis. As our Court of Appeal emphasized in Foulis v. Robinson, supra, a litigant is entitled to put an opponent to the proof of his or her requested relief, and there is no obligation to settle.
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