Is a plaintiff entitled to recover costs on a substantial indemnity basis?
Ontario, Canada
The following excerpt is from Mandozai v Igbinosun, 2015 ONSC 4873 (CanLII):
I also reject the argument that the plaintiff should recover costs on a substantial indemnity basis. This was a professional negligence case and not one of fraud. The defendant’s actions, whilst falling below the required standard of care, were not “reprehensible, scandalous or outrageous” – the required standard attracting substantial indemnity costs awards: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 251.
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