In what circumstances will a court award substantial indemnity costs on a motion to amend a statement of defence?
Ontario, Canada
The following excerpt is from 1588444 Ontario Ltd. v. State Farm Fire and Casualty Company, 2017 ONCA 42 (CanLII):
Further, and in any event, even an award of costs on a substantial indemnity basis must be consistent with the reasonable expectations of the parties: Toronto District School Board v. Molson Breweries Property Ltd., 2009 CarswellOnt 3661 (S.C.), at para. 16. This was a motion to amend a statement of defence. While there was a significant litigation history that had to be canvassed, the matter was not complex.
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