What is the legal test for the amount of time a party has to spend preparing for a motion, trial or appeal?

Ontario, Canada


The following excerpt is from Campeau v. Campeau, 2005 CanLII 617 (ON SC):

Basedo v. University Health Network, [2002] O.J. No. 597 (S.C.J.), a decision of Nordheimer J., has been widely quoted and relied upon. It confirms that a party is entitled to its [reasonable] costs of preparing for a motion, trial or appeal, based on the time spent at the hourly rates permitted by the grid, and also is entitled to a counsel fee for the actual hearing. In fixing the amount of the counsel fee, Nordheimer J. stated: …the counsel fee is presumably to be set within that range taking into account not only the amount of time spent on the actual hearing …but also the importance and/or complexity of the matters argued along with the other factors set out in Rule 57.01(1). It should also doubtless be set taking into account whether there was one counsel on the matter or two or more counsel …with the necessary determination of the reasonableness of having more than one counsel in attendance for the hearing given the issues involved… [para. 6]

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