What is the typical ratio between substantial indemnity costs and partialemnity costs?
Ontario, Canada
The following excerpt is from Marine Clean Ltd. v. PC Forge, 2009 CanLII 55377 (ON SC):
I have held, previously, that a ratio of 60% between substantial-indemnity costs and partial-indemnity costs is “a typical ratio . . . and . . . it would be unusual for the percentage to be higher or much lower”: see Suprun v. Bryla, [2007] O.J. No. 5071 (S.C.J.) at para. 48. I continue to adhere to that general view, except in rule-76 cases where a lower ratio (sometimes much lower) frequently is necessary in order to give effect to the purpose of the rule. hourly rates of plaintiff’s counsel
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