What is the legal test for the purpose of calculating costs in a personal injury action?
Ontario, Canada
The following excerpt is from 7250118 Canada Inc. v 2308095 Ontario Inc., 2016 ONSC 1015 (CanLII):
The principle was clearly stated by Lederman J. of this Court in Glenny v. Del Management Solutions (2004) O.J. No. 3904 where he stated at paragraph 7: Such costs must be in proportion to the nature of the type of action brought as opposed to the formal amount sought in the statement of claim. Furthermore, the costs should not be so crushing as to create a sense of injustice to the unsuccessful litigant by being out of proportion to the relatively simple issues before the court.
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