Is a defendant entitled to a substantial indemnity for failing to settle?

Ontario, Canada


The following excerpt is from Gibb v. Pereira, 2018 ONSC 12 (CanLII):

However, as noted above, mere failure to settle, and adherence to an ultimately unsuccessful position in litigation, is not by and of themselves grounds for awarding costs on a substantial indemnity basis. Again, a defendant is entitled to put a plaintiff to the proof of his or her case, and there is no obligation to settle. See, once again, Foulis v. Robinson, supra.

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