What is the test for determining a successful litigant’s costs?

Ontario, Canada


The following excerpt is from Santilli v. Piselli, 2010 ONSC 2874 (CanLII):

The court’s role in assessing costs is not necessarily to reimburse a litigant for every dollar spent on legal fees. There is a component of reasonableness which must be considered when awarding costs. As J.A. Campbell J. stated in Benetau v. Young, [2010] ONSC 33 at para. 13: As in this case, it has become clear that judges are being called upon more frequently to act as gatekeepers to access and determine what is a reasonable level of costs and what, in hindsight, was a reasonable amount of time that should have been invested in a case. A line of case law has developed that establishes that responsibility, that: …the cost award should reflect more what the court views as a fair and reasonable amount that should be paid by the unsuccessful parties rather than any exact measure of the actual costs of the successful litigant [citation and emphasis omitted].

Other Questions


What is the test for indemnifying successful litigants for the cost of litigation? (Ontario, Canada)
What is the test for determining costs for self-represented litigants? (Ontario, Canada)
What is the test for determining a successful litigant's legal fees in a personal injury case? (Ontario, Canada)
What is the test for determining the amount of damages a successful litigant must pay? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Is it typical for costs to be determined at each procedural step of the litigation? (Ontario, Canada)
What are the legal costs for a successful litigant in a personal injury case? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
What is the test for indemnifying a successful litigant for the costs of enforcing their rights? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.