In Ontario, the successful party will typically be entitled to a cost-award for a portion of the legal fees incurred in advancing or defending the claim. The amount is determined by the court on a case-by-case basis and it is a highly discretionary process. There are two primary scales for costs awards in Ontario. Costs on the “partial indemnity” are the norm, and typically range between 45-65% of the actual costs incurred. The court will look at a number of factors in determining whether costs should be awarded instead on the higher “substantial indemnity” scale, which can range from 75-90%. In particular circumstances it is possible to have full indemnity costs awarded, however it is rare.