Is a plaintiff entitled to solicitor-client costs on the substantial indemnity scale?
Ontario, Canada
The following excerpt is from Norton v. Kerrigan, 2004 CanLII 11378 (ON SC):
An award of costs on the substantial indemnity scale is the exception to the general rule requiring the losing party to pay only partial indemnity costs. In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, McLachlin J. stated: Solicitor-client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties. Accordingly, the fact that an application has little merit is no basis for awarding solicitor-client costs…
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