In my view, what the respondents would have asked for in costs is not relevant to the facts of this case. The respondents retained counsel very shortly before the hearing. The respondents were not put to the cost of preparing an application record. The respondents did not prepare a factum or brief of authorities. It has been said repeatedly that is not the role of courts to second-guess the time spent by counsel unless it is manifestly unreasonable, the total time spent is clearly excessive or the matter has been over lawyered: Boucher v. Public Accountant’s Counsel for the Province of Ontario, [2002] O.J. No. 4678 at para. 71.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.