What is the scope of time spent by counsel in litigation?
Ontario, Canada
The following excerpt is from Oxley v. Oxley, 2010 ONSC 3540 (CanLII):
I understand the Respondent’s concerns regarding the amount of time spent, but it is a reasonably well settled principle that the court is not to second guess counsel’s time, unless it is clearly unreasonable. As Nordheimer J. noted in Basedo v. University Health Network, [2002] O.J. No 597 (S.C.J.), “it is not the role of the court to second guess the time spent by counsel unless it is manifestly unreasonable in the sense that the total time spent is clearly excessive or the matter has been overly lawyered.”
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