Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Ontario Court of Appeal set aside a lower court costs order and awarded the appellants all-inclusive partial indemnity costs for the application and appeal, payable within 60 days.
Court departed from tariff guidance because a defamation action makes 'amount involved' subjective and because extensive preparatory work for a summary judgment (which never proceeded) made tariffs inadequate; after deducting amounts already covered by prior costs awards and assessing reasonable remaining legal fees at $30,000, the court awarded 75% of that figure as a lump sum, ordering the Plaintiff to pay the Defendant $22,500 inclusive of disbursements forthwith.
Source excerpt
The court awarded partial indemnity costs to the two respondent groups because the requested amounts were reasonable, and awarded substantial indemnity costs equal to 80% of full indemnity to Marrocco because the plaintiff's allegations against him were frivolous, vexatious, and unjustifiably impugned his professional integrity; the awards are payable forthwith.
Source excerpt
Solicitor and client and substantial indemnity costs were not warranted because there was no finding of reprehensible litigation misconduct and the contempt claim was not wholly devoid of merit; Tariff C is the starting point, the motion (two days) carried a maximum tariff amount of $4,000 which the court multiplied by the highest permitted multiplier (4) based on the importance of the matter and the effort involved, resulting in an award of $16,000 plus disbursements of $300.
Source excerpt
The Court found no exceptional or extraordinary circumstances to displace the default entitlement under Rule 147(3.1); respondent's late concession of co-ownership after discovery and limited impact of other concessions did not justify denial of substantial indemnity. The Court exercised its discretion to increase the substantial indemnity above the default 80% to 85% for the period after the January 10, 2018 offer, and ordered costs under the Tariff for the period before that offer, plus disbursements and applicable taxes.
Source excerpt
The conduct of the respondent, while involving bad faith dealing, did not meet the high threshold required for substantial indemnity costs; a partial indemnity award was appropriate and, on the facts and relevant considerations (including the application judge's prior award of $52,900, the appellant's heavier burden, and that neither party succeeded on all issues), the proper quantum for the original application is fixed at $100,000 inclusive of disbursements and HST.
Source excerpt
Although the issues were complex and significant, the history of the proceeding did not justify a substantial indemnity award; because the Receiver was ultimately successful, a partial indemnity costs award of $40,000 inclusive was appropriate.
Source excerpt
Interest on a letter of credit provided to secure assessed GST/HST is not recoverable as a cost of proceedings under Rule 147(3)(j) nor as an essential Tariff B disbursement because the expense relates to the underlying tax liability and collection/security decision rather than to conduct of the appeal; the Court lacks jurisdiction to review the Minister’s collection discretion in the context of a costs award; accordingly Jayco was awarded substantial indemnity for the post-offer period and limited enhanced costs for the pre-offer period and disbursements excluding the letter of credit intere…
Source excerpt
The court concluded there was no basis for awarding substantial indemnity costs and awarded the respondent partial indemnity costs of $80,000 inclusive of disbursements and HST payable by the appellant.
Source excerpt
Adverse findings against Airpark did not justify denying it costs of the application; however it was unreasonable that the City, as applicant, face a partial indemnity award 25% higher than the substantial indemnity costs it incurred, so the court fixed Airpark's costs of the application at $80,000 inclusive of disbursements and taxes.
Source excerpt
Explore more
