Cautionary Note: The Costly Consequences of Pursuing Litigation
Want your day in court?
The consequence of pursuing litgation can be costly.
Recently, Christopher Salazar had a full indemnity cost award upheld by the Court of Appeal for Ontario.
As noted by the presiding judges, “there is a significant and important distinction between full indemnity costs and substantial indemnity costs. An award of costs on an elevated scale is justified in only very narrow circumstances – where an offer to settle is engaged or where the losing party has engaged in behavior worthy of sanction: Davies v. Clarington (Municipality) (2009), 2009 ONCA 722 (CanLII), 100 O.R. (3d) 66 (C.A.) at para. 28.
Substantial indemnity costs is the elevated scale of costs normally resorted to when the court wishes to express its disapproval of the conduct of a party to the litigation. It follows that conduct worthy of sanction would have to be especially egregious to justify the highest scale of full indemnity costs.”
It is important to fully understand the cost consequence of pursuing litigation.
Contact Christopher Salazar to schedule a consultation if you have a litigation related question.
The full judgement can be found here: https://www.canlii.org/en/on/onca/doc/2017/2017onca766/2017onca766.html