What is the test for “over-staffing” in law?

Ontario, Canada


The following excerpt is from York Region Condominium Corporation No. 890 v. Market Village Markham Inc., 2021 ONSC 753 (CanLII):

In Basdeo v. University Health Network, [2002] O.J. No. 597 (S.C.J.), at para. 7, Nordheimer J., as he then was, stated that 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 ‘over-lawyered’”. I agree. Having already found that the time docketed by the Plaintiffs’ lawyers was not “manifestly unreasonable”, I turn to whether the Plaintiffs ‘over-lawyered’ by over-staffing.

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