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.

Other Questions


Is a defendant entitled to a substantial indemnity cost for refusing to settle? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost for failing to agree or settle? (Ontario, Canada)
Is a defendant entitled to substantial indemnity costs for making an offer to pay in exchange for a release of all claims? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost for failing to disclose the facts to the court? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff? (Ontario, Canada)
Is it an error in principle to award substantial indemnity costs when a defendant has a meritorious defence? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.