The following excerpt is from York Regional Standard Condominium Corporation No. 1206 v. 520 Steeles Developments Inc., et al, 2018 ONSC 353 (CanLII):
I have considered whether costs thrown away should be quantified on a substantial indemnity basis or on a partial indemnity basis. In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, at p. 134, McLachlin J., as she then was, stated that elevated cost awards are warranted “only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” The elements necessary for an award of costs on a substantial indemnity basis are not established in this case.
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