What is the cost of bringing a plaintiff to trial?

Ontario, Canada


The following excerpt is from MacKinnon et al, 2007 CanLII 80121 (ON SC):

(d) the expense of bringing the person to the trial The plaintiff submits this is not the most significant consideration given that he would have to produce his medical experts for trial in any event. However, the cost would be prohibitive when considering the travel time to Windsor, including possible traffic congestion at the tunnel or bridge, the waiting time in court and the time away from their practices. The defendant relies on the case of Onofrichuk v. Simpson, 1997 CarswellSask 247, where it was held that where the expense of bringing in witnesses is the sole consideration it is also appropriate to consider the quantum of the plaintiff’s claim in relation to the expenses to be incurred. This case is not helpful as the expense of bringing these witnesses to the trial is not the sole consideration in the case before me.

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