Is a finding of oppression sufficient to award substantial indemnity costs?
Ontario, Canada
The following excerpt is from Le Maitre Limited v. Segeren, 2009 CanLII 16300 (ON SC):
Turning to scale of costs, while substantial indemnity costs are not awarded except in special circumstances, as noted by Austin J. (as he then was) in Arthur v. Signum Communications Ltd. [1991] O.J. No. 86: "a finding of oppression, by definition, almost always provides some foundation for an award of costs above and beyond the party and party scale." It is not axiomatic that a finding of oppression results in a substantial indemnity award but it may form the basis for the exercise of discretion in that regard.
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