In Smith Estate v. Rotstein I attempted to summarize the types of cases in which elevated costs had been awarded: Cases referred to by the moving party disclosed that courts have awarded elevated, full indemnity costs when: (i) one party was an innocent party to the proceeding and the court concluded that she should not experience any loss as a result of the conduct and actions of the defendant which resulted in the litigation; (ii) one party made baseless allegations of wrongdoing or meritless claims of fraud, deceit, and dishonesty based on pure speculation against the other; or, (iii) it was clear shortly after the event in question that the plaintiff was blameless, but was required to proceed to trial because of disputes amongst the defendants about their share of liability.[2]
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