What is the test for escalating escalating costs and proportionality?

Ontario, Canada


The following excerpt is from Barlow v. Citadel General Assurance Company, 2008 CanLII 3215 (ON SC):

Further, with regard to escalating costs and proportionality, Mr. Justice Killeen in Pagnotta v. Brown, [2002] O.J. No. 3033 at paras. 24-25 states: 24 From my perspective, if lawyers wish to expend such grossly inordinate amounts of billable hours on relatively routine cases, they may feel free to do so, subject to their client's approval, but they cannot expect judges to encourage such inefficient expenditures of time when their costs are to be fixed following upon a trial. 25 Judges and assessment officers have a duty to fix or assess costs at reasonable amounts and, in this process, they have a duty to make sure that the hours spent can be reasonably justified. The losing party is not to be treated as a money tree to be plucked, willy nilly, by the winner of the contest.

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