Is a defendant entitled to a substantial indemnity cost for refusing to settle?
Ontario, Canada
The following excerpt is from Gibb v. Pereira, 2018 ONSC 12 (CanLII):
However, mere failure to settle, and adherence to an ultimately unsuccessful position 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 defendant is entitled to put a plaintiff to the proof of his or her case, and there is no obligation to settle.
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