What is the test for awarding partial indemnity costs in a family law case?
Ontario, Canada
The following excerpt is from Ogg v Ogg, 2016 ONSC 2784 (CanLII):
I propose to follow the statement of principle made by the court in Berta v. Berta, as restated. Costs in a family case should be awarded on a partial indemnity basis unless there is good reason founded upon a factor in the family law rules or clear binding authority to award elevated costs if warranted by the circumstances. I also note that Family Law Rule 24(1) itself does not describe the level of costs that flows from the presumption that a successful party is entitled to costs.
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