Can a court order costs of the entire proceeding of a personal injury claim only from the date of a trial management conference going forward?

Ontario, Canada


The following excerpt is from Johnson v Taylor, 2015 ONSC 5453 (CanLII):

There is nothing in Rule 24 which limits the court’s ability to award costs of the entire case, provided there is no duplication of any cost award made during any step in the proceeding. The case of Skramrud v. Skramrud, 2008 CanLII 736 (ONSC) does not stand for the proposition that costs are to be awarded only from the date of a trial management conference going forward, if costs have not been ordered up to that point, as submitted by the respondent’s counsel. Costs are routinely not awarded during the conference stages of the case so that such orders do not impede settlement. There is also no requirement that a specific endorsement reserving costs to the trial judge must be in place in order to preserve a party’s right to claim same following a trial or other resolution of the case.

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