What factors will the court consider when awarding maximum costs in a personal injury action?

It is also clear from the case law in this area of the law that maximum rates will only be ordered in maximum cases. The words “up to” suggest that in most cases, lower rates than those listed will be awarded. I take into account the experience of counsel, the complexity of the issues and the nature of the action in determining whether this is a maximum case. I do agree that counsel for the applicant is an experienced counsel, but the experience of counsel is only one of the factors that must be considered. In Glazman v. Toronto (City), [2002] O.J. No. 2767 (S.C.J.) (Q.L.), the court lists several factors judges should consider when they exercise their discretion in awarding costs, including the claim, offer, apportionment of liability, complexity, importance of the issues, conduct, improper or unnecessary steps, stubborn refusal to admit and any other matter that is relevant to costs. The court notes the phase “up to” indicates that the figures in the costs grid are meant to be maximum rates. It is a common sense rule that maximum awards are for maximum cases. The experience of counsel is only one factor involved in fixing the rate.