What is the legal test for reasonable costs in a personal injury action?

New Brunswick, Canada


The following excerpt is from Hayes v City of Saint John et al, 2017 NBQB 87 (CanLII):

As Rosenberg J.A. stated in Pearson v. Inco Ltd. supra., costs should be fair and reasonable and while precedents are helpful they “ … will rarely provide firm guidance”. What is fair and reasonable will vary from case to case and will depend on factors such as the record, the steps taken in the proceeding, the submissions, the complexity and importance of the issues and policy considerations such as access to justice.

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