Is a successful party entitled to a partial indemnity in any motion or trial?

Ontario, Canada


The following excerpt is from Pilotte v Gilbert, 2016 ONSC 1334 (CanLII):

It is important to note that a successful party may reasonably expect to be awarded costs on a partial indemnity basis in any motion or trial. At the same time, a successful litigant has no right to costs, but only a reasonable expectation of costs. Although costs are ultimately in the discretion of the court, costs follow the event. The principle that costs follow the event should only be departed from in exceptional circumstances such as misconduct of the party, miscarriage in procedure, or oppressive or vexatious conduct of proceedings: see Yelda v. Vu, 2013 ONSC 5903 (leave to appeal denied, 2014 ONCA 353), at para. 11.

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