What is the impact of a party's limited financial circumstances on the quantum of costs in a personal injury action?

Ontario, Canada


The following excerpt is from Aubin v. Koerber, 2021 ONSC 6350 (CanLII):

It is well accepted that while a party's limited financial circumstances is a factor for the court to consider, it should not be used as a shield against any liability for costs and should only be taken into account regarding the quantum of costs (see Jackson v. Mayerle, 2016 ONSC 1556 (S.C.J.) at para, 107).

Other Questions


Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What is the limitation on the time limit for costs submissions in a personal injury action? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
Can a party to a personal injury action be regarded as a "voluntary" party to the action? (Ontario, Canada)
Can a party who has been unsuccessful in a personal injury case rely on their own financial means, such as cash, to avoid the costs of the other party? (Ontario, Canada)
What is the impact of a party’s limited financial circumstances on their ability to defend against any liability for costs? (Ontario, Canada)
What are the costs of a personal injury settlement when the parties settle a civil action with the assistance of a private mediator? (Ontario, Canada)
What are the requirements for a party seeking costs in a personal injury action? (Ontario, Canada)
What is the impact of bad faith in determining costs in a personal injury action? (Ontario, Canada)
If the parties to a personal injury action are unable to agree on costs, what are the terms and conditions? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.