What is the current state of the law on distributive costs?
Ontario, Canada
The following excerpt is from Brisco Estate et al v. Canadian Premiere Life, 2010 ONSC 5454 (CanLII):
The Ontario Court of Appeal in 2006 reaffirmed its view that “distributive costs orders” should be avoided, stating in Pearson v. Inco Ltd., 2006 CanLII 7666: With respect to the limited success achieved by the plaintiff, this court has made it clear that distributive costs awards are to be avoided.
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