What is the test for reasonableness in awarding costs in a personal injury action?

Ontario, Canada


The following excerpt is from Evans v Villages of Sally Creek Inc, 2014 CanLII 13556 (ON SCSM):

34. In Davies v. Clarington(Municipality) (2009), 2009 ONCA 722 (CanLII), 100 O.R. (3d) 66, Epstein J.A. describes reasonableness commencing at paragraph 52 as: As can be seen, the overriding principal is reasonableness. If the judge fails to consider the reasonableness of the costs award, then the result can be contrary to the fundamental objective of access to justice. Rather than engage in a purely mathematical exercise, the judge awarding costs should reflect on what the court views as a reasonable amount that should be paid by the unsuccessful party rather than any exact measure of the actual costs of the successful litigant.

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