Is KW entitled to partial indemnity costs in the context of his successful Winding-up Application?
Ontario, Canada
The following excerpt is from Josipovicz v. Whyte, 2010 ONSC 2962 (CanLII):
KW is, in any event, entitled to partial indemnity costs in respect of the Winding-up Application, by virtue of his success, up to January 14, 2010 and to substantial indemnity costs thereafter. In respect of the period after the Winding-up Application was commenced and before January 14, 2010, this, in my view, is a case where, as in Young v. Young, partial (as opposed to full) substantial indemnity costs are appropriate because of the tax fraud allegations reiterated by AJ during the course of the Winding-up Application and the other conduct I have identified as reprehensible, which occurred after the Winding-up Application was commenced.
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