What is the test for entitlement to costs in a personal injury case that has settled?
Ontario, Canada
The following excerpt is from Benoit v. Kerr, 2014 ONSC 5401 (CanLII):
In considering the issue of costs in the specific context of a case that has settled, the most important factor in determining both entitlement and quantum of costs is the reasonableness and timeliness of the parties’ respective offers to settle. It is not appropriate to go behind the freely negotiated terms of settlement and engage in an exercise of determining which party’s position on each issue would have been accepted by the trial judge if the matter had proceeded to trial. (See: O’Brien v. O’Brien, 2009 CarswellOnt 7194 (Ont. S.C.)) Analysis
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