What is the impact of escalating costs and proportionality?

Ontario, Canada


The following excerpt is from B & D Construction Inc. v. Buset, 2005 CanLII 19812 (ON SC):

Mr. Justice Killeen in Pagnotta v. Brown, [2002] O.J. No. 3033 (Sup. Ct. Jus.) commented on escalating costs and proportionality: From my perspective, if lawyers wish to expend such grossly inordinate amounts of billable hours on relatively routine cases, they may feel free to do so subject to their client’s approval, but they cannot expect judges to encourage such inefficient expenditures of time when their costs are to be fixed following trial. Judges and assessment officers have a duty to fix or assess costs at reasonable amounts and in this process they have a duty to make sure that the hours spent can be reasonably justified. The losing party is not to be treated as a money tree to be plucked willy nilly by the winner of the contest.

Other Questions


What is the test for escalating escalating costs and proportionality? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
How have courts and assessment officers dealt with escalating costs and proportionality? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
What is the impact of the conduct of plaintiffs’ counsel on the award of costs in Rule 49.10? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the test for proportionality and reasonableness when determining the amount of costs in a personal injury case? (Ontario, Canada)
What is the impact of bad faith in determining costs in a personal injury action? (Ontario, Canada)
What is the test for proportionality and reasonableness in determining the amount of costs of a tortfeasor's claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.