Is a motion for substantial indemnity costs appropriate?
Ontario, Canada
The following excerpt is from Roach v. Canada (Attorney General), 2007 CanLII 21594 (ON SC):
First, this is not a motion for which costs should be awarded on a substantial indemnity scale. The case law is clear that substantial indemnity costs should only be awarded in cases where there has been reprehensible, scandalous or outrageous conduct by one of the parties: Young v. Young (1993), 1993 CanLII 34 (SCC), 108 D.L.R. (4th) 193, (S.C.C.) at para. 283. There is no evidence of this here and none is suggested. The appropriate scale is partial indemnity.
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