Can a court order costs against a lawyer?
Ontario, Canada
The following excerpt is from Ramsden v. Van Alphen, 2013 ONSC 6575 (CanLII):
At common law a court may order costs against a lawyer as part of its inherent jurisdiction to control its own process. In principle, costs are awarded as compensation for a successful party, not to punish a lawyer. Such compensatory costs may be awarded in circumstances where, for example, a lawyer has acted in bad faith. However, the courts must be extremely cautious in awarding costs personally against a lawyer given a lawyer’s duty to bring forward with courage even unpopular cases: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 254.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implications of the Court of Appeal's decision to order a lawyer to pay a lawyer's costs of more than $200,000? (Ontario, Canada)
Does a temporary order put in place by the court as a "temporary order" when the motion before the court is adjourned have any effect? (Ontario, Canada)
Is bad faith a requirement for a court to order costs against a lawyer? (Ontario, Canada)
What is the legal test for a court to order costs personally against a lawyer? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Can a court order a no costs order after a resolution has been concluded? (Ontario, Canada)
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
In what circumstances will a court order personal costs against a lawyer? (Ontario, Canada)
What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
