What is the impact of an unanticipated length of trial?

Ontario, Canada


The following excerpt is from Culligan Springs Ltd. v. Dunlop Lift Truck (1994) Inc., 2006 CanLII 13419 (ON SCDC):

The trial was estimated to take two days. The Respondent, however, took six days to present its argument. The Respondent was largely responsible for the unanticipated length of the trial. We reiterate the comments of Killeen J. in Pagnotta v. Brown, [2002] O.J. No. 3033 (Sup. Ct.), at para. 25, where he stated: Judges and assessment officers have a duty to fix or assess costs at reasonable amounts and, in this process, they have a duty to make sure that the hours spent can be reasonably justified. The losing party is not to be treated as a money tree to be plucked, willy nilly, by the winner of the contest.

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