What factors are relevant to a cost determination in a class action?

Ontario, Canada


The following excerpt is from Noble v. North Halton Golf and Country Club Limited, 2018 ONSC 6760 (CanLII):

In Yip v. HSBC Holdings plc, 2017 ONSC 6848 (CanLII) (“Yip”), varied on other grounds 2018 ONCA 626 (CanLII), Perell J. conducted a thorough review of the factors relevant to a costs determination by the court, both in general and in the context of the particular class action motion before him. At para. 26, Perell J. summarized the purposes of the costs rules: Modern costs rules are designed to advance five purposes in the administration of justice: (1) to indemnify successful litigants for the costs of litigation, although not necessarily completely; (2) to facilitate access to justice, including access for impecunious litigants; (3) to discourage frivolous claims and defences; (4) to discourage and sanction inappropriate behaviour by litigants in their conduct of the proceedings; and (5) to encourage settlements.

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