What are substantial indemnity costs available to settle an action for breach of contract?
Ontario, Canada
The following excerpt is from Reiner v. Truxa, 2013 ONSC 7071 (CanLII):
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), [1993] 4 S.C.R. 3, at para. 251)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
What are the indemnity costs on a substantial indemnity scale? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost for failing to agree or settle? (Ontario, Canada)
Is a defendant entitled to a substantial indemnity cost for refusing to settle? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity cost under a contract with CIBC? (Ontario, Canada)
What is the typical ratio between substantial indemnity costs and partialemnity costs? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
Is there anything in which the defence of this action was conducted which should attract substantial indemnity costs? (Ontario, Canada)
