What is the scope of the reasonableness and proportionality of a cost determination in a personal injury case?
Ontario, Canada
The following excerpt is from Shelley v. Shelley, 2019 ONSC 608 (CanLII):
While the concept of reasonableness should include a consideration of proportionality, r. 24(12) expressly requires the court to consider the reasonableness and proportionality of each of the enumerated factors. In Beaver v. Hill, supra, the court stated at para. 12: 12 As the wording of the rule makes clear, proportionality and reasonableness are the touchstone considerations to be applied in fixing the amount of costs.
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