In what circumstances have courts found hardship or impecuniosity to be relevant in determining judicial costs?
Ontario, Canada
The following excerpt is from Kolosov v. Lowe’s Companies Inc., 2016 ONSC 4799 (CanLII):
At the same time, there are other cases where hardship or impecuniosity have not been held to be relevant. Indeed, Lauwers J. in Greenhalgh v. Doura-Dummer (Township), [2011] O.J. No. 1675 (S.C.), at para. 36 referenced, “the problem posed for the system of justice if the costs disincentive established by the Rules were to be displaced by a rule that routinely advantaged a party's hardship in the exercise of judicial discretion over costs.” THE PRINCIPLES APPLIED
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