What is the test for full indemnity costs in a personal injury action?
Ontario, Canada
The following excerpt is from Quantum Dealer Financial Corporation v. Toronto Fine Cars and Leasing Inc., 2022 ONSC 1132 (CanLII):
I am satisfied that the Bill of Costs is reasonable and find, given the fraudulent nature of the defendants’ costs, that full indemnity costs are justified. In appropriate and exceptional circumstances, courts are entitled to award both punitive damages and full indemnity costs: NDrive, Navigation Systems v. Zhou, 2021 ONSC 7772, at paras. 18 to 20.
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