In what circumstances will the court award a substantial indemnity cost in a personal injury case?
Ontario, Canada
The following excerpt is from Demers Holdings Inc. v. London (South) Purchaseco Inc. (Travelodge London South), 2009 CanLII 30963 (ON SC):
In my view, the rights of the parties were not entirely clear from the documents advanced in this case. This was not the kind of “black and white” fact situation which led the court to award substantial indemnity costs in Shier v. Fiume, supra.
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