What is the test for indemnifying a successful litigant for the costs of enforcing their rights?
Ontario, Canada
The following excerpt is from Hillman v Letchford, 2015 ONSC 4996 (CanLII):
The court must balance the goal of indemnifying the successful litigant for the costs of enforcing their rights with the importance of not unduly deterring potential litigants from pursuing legitimate claims out of fear of overly burdensome cost consequences (see Cassidy v. Cassidy, 2011 CarswellOnt 1541 (S.C.J.)).
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