Is a successful litigant entitled to a partial indemnity from the Court of Appeal for its costs?
Ontario, Canada
The following excerpt is from Wilkinson-Moore v. United Floors, 2019 ONSC 3711 (CanLII):
As Leach J. explained in his recent decision in Snowden v. The Corporation of the Township of Ashfield-Colborne-Wawanosh, although the court has a broad discretion in relation to costs, our appellate courts have repeatedly emphasized that an award of costs on a partial indemnity basis generally strikes the proper balance between the cost benefits to be enjoyed by the successful litigant and the cost burdens to be borne by the unsuccessful party, and that elevated cost awards should be reserved for “rare and most exceptional” cases where the conduct of a litigant warrants condemnation by the courts.[16]
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