What factors will a judge consider when awarding costs at trial?

Ontario, Canada


The following excerpt is from Springer v. Aird & Berlis LLP, 2009 CanLII 26608 (ON SC):

Rule 57.01 lists a number of factors that a court may consider in its award of costs. I agree with the following comments of E.M. Macdonald J. in Eagleson v. Dowbiggan [1996] O.J. No. 2177 dealing with the role of a judge in fixing costs: The function of the judge in fixing costs, either on a party and party basis or solicitor and client basis has been the subject matter of considerable comment. Expressed most fundamentally, the judge fixes the costs having regard to what is reasonable given the nature of the matter including the complexity of legal issues raised, the length of the trial, and the conduct of the parties. There are other factors all of which are taken into consideration by the judge when he or she performs the rather arbitrary function of fixing costs.

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