How should a court consider misconduct in the context of determining a plaintiff's costs?
Ontario, Canada
The following excerpt is from Alaimo v. Di Maio, 2009 CanLII 4848 (ON SC):
The Applicants argue that I should consider misconduct occurring before the commencement of the litigation. They rely on Mayer v. Lodzer Centre Congregation, [2003] O.J. No. 3070 (S.C.J.), and the cases cited therein, where Justice Mandel held, In exercising its discretion as to costs the conduct of the party before litigation as well as during litigation is an important factor to be taken into account.
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