Does the fact that the underinsurer is an active participant in defending the litigation be a factor in determining a plaintiff's costs?
Ontario, Canada
The following excerpt is from Jungwirth v. Robertson, 2011 ONSC 3021 (CanLII):
In Mete v. Guardian Insurance Co. of Canada, the court also considered the fact that the underinsurer was an active participant in defending the litigation a relevant factor in awarding costs against the underinsurer.
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