What is the case law on solicitor-and-client costs?
Ontario, Canada
The following excerpt is from Van Lierop v. Hollenbach, 2001 CanLII 5853 (ON CA):
There is nothing in the nature of this case or in the conduct of the appellants to justify an award, even a partial one, of costs on a solicitor-and-client scale. There was a good deal of money at stake in the litigation. There was no document of any kind setting out the relationship between the parties. The trial judge herself described the proceeding as “novel and complex”. Accordingly, it was not wrong for the appellants, in the words of Dubin J.A. in Foulis v. Robinson, supra, at p. 776, “to put the plaintiff to the proof”. Moreover, although the respondents succeeded at trial, on several issues the trial judge found against them or awarded damages well below what the respondents sought.
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