In what circumstances will the court order costs on a solicitor and client scale?
Ontario, Canada
The following excerpt is from Firoozi v. 809963 Ontario Limited, 2006 CanLII 44272 (ON SC):
In the case of Waxman v. Waxman, [2003] O.J. No. 87 (S.C.J.), the court ordered costs on a solicitor and client scale on the basis of findings of breach of fiduciary duty, oppression, fabrication and suppression of evidence and unfounded allegations of impropriety. The findings in this case concerning the plaintiffs’ conduct fall well short of the kind of findings in Waxman and do not, in my opinion, warrant costs on a substantial indemnity basis. Conduct during the trial and the litigation process
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