What is the legal test for a claim for substantial indemnity costs in a personal injury action?
Ontario, Canada
The following excerpt is from Degennaro v. Oakville Trafalgar Memorial Hospital, 2009 CanLII 43415 (ON SC):
I see no justification for the plaintiffs’ claim that costs should be on a substantial indemnity basis for the entire action. As stated by McLaughlin J. (as she then was) in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, at para. 251: “Solicitor-client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” There is no suggestion that this case attracts solicitor-client costs, or its modern equivalent, substantial indemnity costs, on this basis.
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