What is the test for determining costs in a personal injury action?
Ontario, Canada
The following excerpt is from Longo v MacLaren Art Centre Inc., 2015 ONSC 3647 (CanLII):
I am governed by the overarching principles in determining costs as set out in Davies v. Clarington (Municipality), 2009 ONCA 722 (CanLII) at paras. 50 – 54. The court is to exercise a “fair and reasonable” analysis with regard to the reasonable expectations of the unsuccessful party. Also brought to the analysis is a sense of proportionality.
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