What is the impact of the conduct of plaintiffs’ counsel on the award of costs in Rule 49.10?
Ontario, Canada
The following excerpt is from Jarbeau v McLean, 2016 ONSC 3789 (CanLII):
After taking all of these facts into account, I am of the opinion that this is an appropriate case where I should depart from the prima facie cost consequences in Rule 49.10 as the interests of justice dictate this course of action. The conduct of plaintiffs’ counsel is to be taken into consideration when awarding costs. See Rodas v. Toronto Transit Commission, 2012 ONSC 5662 (ONSC) (CanLII) at para. 23.
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