What is the test for awarding costs in a sexual assault case?
Ontario, Canada
The following excerpt is from McMurtry v. McMurtry, 2019 ONSC 7427 (CanLII):
At paras. 7-9 of the decision in Manning v. Epp, [2006] O.J. No. 4239 (Ont. S.C.), Lax J. said: Costs on the higher scale can be awarded as a form of chastisement and as a mark of the court’s disapproval of a litigant’s conduct. … The task for the court is to punish and deter unwarranted allegations and egregious conduct, but without discouraging the tenacious pursuit and advancement of serious claims of impropriety in a proper case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for finding that a defendant in a sexual assault case has been found guilty of assault by reason of gross negligence? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the test for an award of aggravated damages in a sexual assault case? (Ontario, Canada)
