What are the purposes of the modern costs rules?
Ontario, Canada
The following excerpt is from Lindo v. Abdelhameid, 2020 ONCJ 421 (CanLII):
The case of Mattina v. Mattina, 2018 ONCA 867 sets out the following fundamental purposes of modern costs rules: (1) to partially indemnify successful litigants; (2) to encourage settlement; (3) to discourage and sanction inappropriate behaviour by litigants; and (4) to ensure that cases are dealt with justly under subrule 2(2) of the Family Law Rules (all references to the rules in this decision are to the Family Law Rules).
The Court of Appeal in Beaver v. Hill, 2018 ONCA 840 emphasized the importance of reasonableness and proportionality, in the exercise of the court’s discretion in awarding costs.
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