Substantial indemnity costs are available pursuant to R. 49, based on offers to settle. Otherwise, substantial indemnity costs, let alone full indemnity costs which appears from the respondents’ submissions to be what they are seeking, are the exception and “are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” (Young v. Young, 1993 CanLII 34 (SCC),  4 S.C.R. 3, at para. 251)
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