What are the reasons given to a trial judge for making an indemnification award?

Ontario, Canada


The following excerpt is from Guru Eak Transport Ltd. v. Eagle Truck Sales Inc. et al., 2022 ONSC 702 (CanLII):

The appellants appeal the indemnification award on the basis that the trial judge provided no explanation for making the award. It is true that the trial judge made this award without any specific explanation. The appellants rely on Barbieri v. Mastronardi, 2014 ONCA 416 (at para. 22) for the principle that a court must “at a minimum, provide some insight into how the legal conclusion was reached and what facts were relied upon in relation to that conclusion.” The appellants argue that the trial judge’s reasons “do not allow for meaningful appellate review.”

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