What is the test for a successful party to request a blank check for their costs?
Ontario, Canada
The following excerpt is from Forler v. Lambkin, 2018 ONCJ 812 (CanLII):
[28] The costs determination must reflect proportionality to the issues argued. There should be a correlation between legal fees incurred (for which disbursement is sought) and the importance or monetary value of the issues at stake. The Rules do not require the court to allow the successful party to demand a blank check for their costs. O’Brien v. O’Brien, 2017 ONSC 2017.
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