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Substantial indemnity costs awarded due to defendants’ reprehensible litigation conduct.
The plaintiff sought costs following the dismissal of motions by the defendants to set aside Mareva and Anton Piller orders and to release frozen funds.
The underlying proceeding involved a large-scale insurance fraud scheme in which insured individuals allegedly submitted claims for therapy services that were never provided, splitting the proceeds with the defendants.
The court found that the defendants had engaged in reprehensible conduct both in their business dealings and throughout the litigation, including failing to comply with court schedules and engaging in unfair procedural tactics.
Applying the factors under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court held that the plaintiff was entitled to costs on a substantial indemnity basis.
Costs were fixed at $75,000 in fees plus $11,291.87 in disbursements and taxes.
