What factors must be considered in the assessment of costs in a personal injury action?

Ontario, Canada


The following excerpt is from Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 6290 (CanLII):

Rule 57.01 lists a number of factors for the court to consider in the assessment of costs which include, but are not limited to the following: (a) the result in the proceeding; (b) any offer to settle; (c) the complexity of the proceeding; (d) the importance of the issues; (e) the conduct of any party that tended to shorten or to lengthen unnecessarily the duration of the proceeding; (f) whether any step in the proceeding was improper, vexatious or unnecessary or taken through negligence, mistake or excessive caution; (g) the principle of indemnity; and, (h) the concept of proportionality, which includes at least two factors: i. the amount claimed and the amount recovered in the proceeding; and, ii. the amount of costs that an unsuccessful party could reasonably expect to pay in relation to the step in the proceeding for which costs are being fixed. See Elbakhiet v. Palmer, 2014 ONCA 544.

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