What is the test for determining the elements of a claim under Rule 1.04 of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Sydie et al. v. Murad, et al., 2012 ONSC 416 (CanLII):
An element is the losing party's reasonable expectation as to the costs payable: Moon v. Sher at paras. 21, 22, 35. Proportionality also plays a role: Rule 1.04 (1.1).
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