What is the test for fixing costs in a personal injury case?
Ontario, Canada
The following excerpt is from Marcus v. Cochrane, 2012 ONSC 2331 (CanLII):
The Ontario Court of Appeal in Boucher v. Public Accountants Council For The Province of Ontario[3] stated that the fixing of costs does not begin nor end with the calculation of hours multiplied by rates. The overall objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances of the case rather than an amount fixed by the actual costs incurred by the successful party.
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