What is the test for an unsuccessful party's ability to pay their own legal fees?

Ontario, Canada


The following excerpt is from Craig v. Craig, 2021 ONSC 5761 (CanLII):

An unsuccessful party’s ability to pay must be assessed in conjunction with the successful party’s ability to absorb legal fees which shouldn’t have arisen in the first place: Scipione v. Scipione, 2015 ONSC 5982, 68 R.F.L. (7th) 66, at para. 138.

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