What is the test for awarding substantial costs of a motion of contempt where the motion was considered and deliberate?
Ontario, Canada
The following excerpt is from Wilson v. Wilson, 2003 CanLII 2274 (ON SC):
There is justification for awarding such costs on a substantial indemnity basis where “the contempt motion was a considered and deliberate move by [the moving party] to ‘raise the stakes’.” (Bywater v. Toronto Transit Commission, [1999] O.J. No. 2361 (Sharpe J.))
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