What is the test for a personal injury costs award?
Ontario, Canada
The following excerpt is from M.P.M. v. A.L.M., 2020 ONSC 3491 (CanLII):
In determining the amount of a costs award, all relevant matters are to be considered including the time spent and the terms of any written offers to settle and the reasonableness and proportionality of each party’s behaviour: rule 24(12). In fact, proportionality and reasonableness are the touchstone considerations to be applied: Beaver v. Hill, 2018 ONCA 840 at paras. 12 and 19.
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