What is the test for determining the proportion of the amount of costs that a court can order in a tortfeasor's application?
Ontario, Canada
The following excerpt is from McDermid v. McDermid, 2021 ONSC 8542 (CanLII):
Proportionality and reasonableness are the touchstone considerations to be applied in fixing the amount of costs: see Beaver v. Hill, at para. 12.
The assessment of costs is not a mechanical exercise. It is not just a question of adding up a lawyer’s dockets. The overall purpose is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the circumstances of the case: Jackson v. Mayerle, 2016 ONSC 1556, 130 O.R. (3d) 683, at paras. 16-21.
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