What is the test for substantial indemnity costs and premium?

Ontario, Canada


The following excerpt is from Daurio v. Cameron, 2005 CanLII 24256 (ON SC):

Walker v. Ritchie (April 28, 2005 O.C.A.) stands for the following: a. Substantial indemnity costs and a premium can be awarded if the losing party has engaged in reprehensible, scandalous or outrageous behaviour; and b. a premium can be awarded in addition to substantial indemnity costs awarded by operation of an offer to settle if risk and result cry out for a premium. (See para. 105-109)

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