What is the case law regarding unreasonable conduct by a counsel in a personal injury matter?

Ontario, Canada


The following excerpt is from 16-002815 v The Personal Insurance Company of Canada, 2017 CanLII 56677 (ON LAT):

Based on the history of these proceedings, I agree with the respondent that applicant’s counsel’s behaviour has been unreasonable. Further, I agree that the respondent has been prejudiced by the lack of disclosure of the report of mediator and has incurred expenses as a result. However, I also accept that the applicant’s counsel has been suffering from serious illness that has impaired his ability to do his job. I find this case distinguishable from BF v. Wawanesa as in this case there is a medical reason to justify the behaviour and not a blatant disregard and disrespect for the process. I find the medical note provided by the applicant’s counsel satisfactory in confirming same.

Other Questions


How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What is the test for a judge to order personal costs against counsel in a personal injury case? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
Does the ability of the unsuccessful litigant to pay the quantum of costs in a personal injury case matter matter? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
What personal details have been disclosed in a personal injury case? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
Can a court order costs against a solicitor personally where the solicitor breached his or her professional obligations to opposing counsel or to the opposing counsel? (Ontario, Canada)
What is the test for using an application in a personal injury matter? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.