What analysis a court must undertake in determining costs?
Ontario, Canada
The following excerpt is from Williams v. Williams, 2019, 2019 ONSC 6586 (CanLII):
Justice Pazaratz succinctly summarized the analysis a court is to undertake in determining costs in Jackson v. Mayerle, 2016 ONSC 1556, 130 O.R. (3d) 683, at paras. 16-21. In doing so he cited Serra v Serra, 2009 ONCA 395, [2009] O.J. No. 1905, which confirmed that cost rules are designed to foster three important principles: a. To partially indemnify successful litigants for the cost of litigation; b. To encourage settlement; and c. To discourage and sanction inappropriate behavior by litigants.
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