It is to be noted that costs can be awarded against counsel even where bad faith is not proven. Two things have be proven: a. The costs must have been run up because of the “fault” of the lawyer in question. This does not necessarily require a finding of bad faith, but a mere error in judgment will not do; and b. The case must be a case where costs against counsel are warranted, taking into account the fact that “extreme caution” must be exercised by the court in determining whether costs should be imposed against counsel; See Ben Lolo v. Wang, [2012] O.J. No. 519 (Div. Ct.).
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