Partial Indemnity = 55% of Actual Fees Billed?

Mr. Justice Timothy Ray held this summer, in Boyd v. Taj Mahal Stables Inc., that “Partial indemnity costs are generally measured as approximately 55% of the reasonable solicitor client account. The reason is that substantial indemnity costs are generally accepted to be approximately 85%, and are deemed to be 1.5 times the partial indemnity costs assessed in accordance with the guidelines and Rule 57.01.”

We weren’t aware that 55% and 85% respectively were the costs factors that the courts were using these days for partial and substantial indemnity costs. We have looked around and found two¬†other cases in which the same approach was followed, although one was another decision of Justice Ray: Robinson v. Ottawa (Smith J.), Al-Enzi v. Gyukik (Ray J.)

On the other hand, these cases were all decided in Ottawa and might just be part of local initiatives to ameliorate the effects of the recession…

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