Background & purpose of the system 1 basic institutions, processes, and players 3

Scale of Costs

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  Partial Indemnity: normal order but for extenuating circumstances, approx. 66% of what people actually pay a reasonable lawyer (Moosa; RCP r. 1.03)
  
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  Substantial Indemnity: not typical, “1.5 times” (approx. 90%) - punitive measure for inappropriate conduct, etc. (RCP r. 1.03)
  

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  Full Indemnity: exceedingly rare, when costs map directly onto actual amount of fees paid; punitive measure for clearly bad faith conduct or similar (Mulroney) – Schrieber’s lawyer shown to be practicing in a very uncivil way – even here however didn’t award against lawyer - judge orders Schriber to pay full freight for the other side (including things like limos to get back in time for discovery)
  
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  No Indemnity (no costs): also rare, often when case is a matter of public interest, right for both to come forward, etc., common at SCC *Unclear who would win, public issue, both sides equally resourced
  

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