The Ontario Court of Appeal recently considered the proper approach to assessing the “costs” of a lawyer/litigant in Fong v Chan.[6] This case concerned the entitlement of self-represented lawyers to what are described in Ontario as counsel fees. Counsel fees are set by a tariff or grid. The Ontario Rule invoking the fees is analogous to, but not the same, as our Rule 57(3). Indeed, the Ontario Rules do not address solicitor/client or “special” costs. In my view, however, the principles found in Fong v. Chan, supra, are applicable to the issue before me.
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