What is the quantum of costs awarded in a personal injury action?

Prince Edward Island, Canada


The following excerpt is from D.E.M. v J.M.M., 2010 PESC 39 (CanLII):

As was stated in Oliver v. Severance, supra, the following factors ought to be considered when assessing the quantum of costs to be awarded: 1. The quantum of costs should reflect what the party would expect to pay as a reasonable and fair amount required to indemnify the successful party against the costs incurred as a result of participating in the litigation. 2. The assessment of the quantum of costs is not a strict arithmetic exercise of calculating the number of hours billed by counsel for the successful party and multiplying that total by a selected hourly rate. 3. There is not necessarily a direct connection between what counsel for the successful party has billed his or her client and what is recoverable from the unsuccessful party. 4. Notions of reasonableness and fairness, both of which are imbedded in the common law, are to prevail in the context of applying the remaining factors in rule 57.01(1)(a) to (i). (see Oliver v. Severance, supra, at para. 16).

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