In what circumstances will the court order substantial indemnity costs against a party who has a weak case?

Ontario, Canada


The following excerpt is from Sgromo v. Bail Hotline Bail Bonds, Inc., 2017 ONSC 5322 (CanLII):

In Bond v. Brookfield Asset Management Inc., [2011] O. J. No. 2760 (S.C.J.), the defendants submitted that substantial indemnity costs should be awarded because there was no basis on which the plaintiff could reasonably assert that Ontario had jurisdiction simpliciter and no basis for the plaintiff to refute that Ontario was a forum non conveniens. Perell J. held at para. 6: In my opinion, it would not be a proper exercise of the court’s discretion to order costs on a substantial indemnity basis simply because a party has a weak case or even a very weak case.

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