The defendant seeks an award of substantial indemnity costs throughout, on the basis of the plaintiff’s conduct of litigation. Such a punitive award of costs is rare and exceptional. Such costs 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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