What is the test for awarding substantial indemnity costs?
Ontario, Canada
The following excerpt is from Quality Rugs v Sedona Development, 2017 ONSC 1353 (CanLII):
Even an award of costs on a substantial indemnity basis must be consistent with the reasonable expectations of the parties: Toronto District School Board v. Molson Breweries Property Ltd., 2009 CarswellOnt 3661 (S.C.), at para. 16.
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