What are substantial indemnity costs available to settle an action for breach of contract?
Ontario, Canada
The following excerpt is from Reiner v. Truxa, 2013 ONSC 7071 (CanLII):
Substantial indemnity costs are available pursuant to R. 49, based on offers to settle. Otherwise, substantial indemnity costs, let alone full indemnity costs which appears from the respondents’ submissions to be what they are seeking, are the exception and “are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” (Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, at para. 251)
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