Is a plaintiff’s conduct sufficient to warrant substantial indemnity costs?
Ontario, Canada
The following excerpt is from Sgromo v. Scott et al., 2017 ONSC 5323 (CanLII):
In my view, the plaintiffs’ conduct does not rise to the high threshold set out in Young v. Young to warrant the sanction of substantial indemnity costs. It follows that the conduct would not meet the even higher test required for full indemnity costs. That does not mean, however, that I cannot take the plaintiffs’ conduct into account in fixing partial indemnity costs. A party’s conduct is expressly referred to in Rule 57.01(e) (f) and (g) as a factor that a court may consider.
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