Can substantial indemnification costs be more than 1.5 times what would otherwise be awarded under Tariff A?

Ontario, Canada


The following excerpt is from Bukshtynov v. McMaster University, 2018 ONSC 4819 (CanLII):

Rule 1.03 defines "substantial indemnity costs as "costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A." Justice Spies in Newlands Estate v. Newlands Estate, [2018] OJ No. 2598 at paragraph 54 construes the above phraseology to describe substantial indemnification costs as 1.5 times the amount of partial indemnity costs, in other words typically partial indemnity costs are 60 percent of substantial indemnity rates.

Keeping in mind that in the past, discussion by courts as to the costs referred to party - party costs and solicitor client costs, those terms are equivalent to the terms partial v. substantial indemnity. That being said, precedent as to what factors led to the granting of the higher rate is of assistance.

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