What is the test for fixing costs in a personal injury action?
Ontario, Canada
The following excerpt is from Ahmed v. Shad, 2006 ONCJ 440 (CanLII):
[10] The Court of Appeal in MacDonald v. Magel (2003), 67 O.R. (3d) 181, 176 O.A.C. 201, 231 D.L.R. (4th) 479, 43 R.F.L. (5th) 149, 2003 CanLII 18880, [2003] O.J. No. 3707, 2003 CarswellOnt 3606, acknowledged that, despite rule 24, the trial judge retains discretion to fix costs in an amount that he or she feels appropriate in all of the circumstances. It is also clear that the court may consider the financial circumstances of the party against whom a costs order is made. I have no financial statement from either party.
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