What is the legal test for a judge to determine the appropriate amount of costs in a personal injury case?

Ontario, Canada


The following excerpt is from Gallant v. Fanshawe College of Applied Arts and Technology, 2009 CanLII 69792 (ON SC):

I have also reviewed the advice of Justice Armstrong in Boucher v. Public Accounts Council for the Province of Ontario [2005], 71 O.R. (3d) 299 (O.C.A.) where he stated that the real consideration for a judge in deciding the amount of costs to be awarded is as follows: “Overall, as this court has said, the objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding, rather than an amount fixed by the actual costs incurred by the successful litigant.”

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