In what circumstances will rule 49 of the Rules of Civil Procedure be engaged?
Ontario, Canada
The following excerpt is from Conroy v. The College of Physicians and Surgeons of Ontario, 2011 ONSC 1664 (CanLII):
In this case rule 49 is not engaged as no offers to settle were made. As a result, an offer cannot be relied upon to justify substantial indemnity costs. Absent an offer, McLachlin J. wrote in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 251, “[s]olicitor-client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.”
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