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  • Civil Procedure accounts for 19 out of 726 casebriefs.

Style of causeRatio

Standard Life Assurance v Elliott, (2007) 86 OR (3d) 221

Don’t have to prove deliberate wrongdoing to award substantial costs against the solicitor – but just because you establish abuse of process doesn’t mean you will for sure have costs against the solicitor

Toronto (City) v C.U.P.E., Local 79, [2003] 3 S.C.R. 77

The doctrine of abuse of process may be used either defensively or offensively

Walker v Ritchie, [2006] 2 SCR 428, 2006 SCC 45

Where P makes offer to settle under r.49 – P gets judgment in their favour above the offer – P entitled to costs on partial indemnity up to point of offer and on substantial indemnity from point of offer onward – this rule works both ways

Risk of non-payment to a counsel is not a relevant factor under cost scheme in r.57.01(1)

Whiten v Pilot Insurance Co., 2002 SCC 18, [2002] 1 SCR 595

Punitive damages need to be pleaded & supported by material facts specifying the conduct complained of