The Court held that a self-represented litigant's unreasonable conduct in sending excessive and repetitive email correspondence warranted indemnity costs for dealing with that correspondence from the date she became unrepresented. The Court also awarded indemnity costs thrown away due to the respondent's unreasonable failure to provide medical certificates until immediately before trial despite the Court's offer of confidentiality orders. However, the Court declined to award indemnity costs for the entire proceedings, finding that while aspects of the respondent's defence were hopeless, the complexity of other issues (including statutory whistleblower protections and injurious falsehood) meant a self-represented litigant could not be expected to appreciate the weakness of her case.
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