Can a motion seeking substantial indemnity costs after trial be successful?
Ontario, Canada
The following excerpt is from Chan v. Ontario, 2008 CanLII 4775 (ON SC):
The argument is attractive, but as the result of the motion turned on a question of law, I am not entirely persuaded that the reasoning in Roach and in 131843 v. Double "R" necessarily applies. The decision to award substantial indemnity costs in those cases occurred after trial on the merits and after the plaintiffs persisted in allegations of fraud throughout the course of trial and failed to prove them.
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