What is the test for fair and reasonable costs in the Superior Court of Justice?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Kivisto, 2017 ONLSTH 185 (CanLII):

In the analysis, Justice Faieta, at para. 10, reviewed the legislative provisions that governed the award of costs in the Superior Court of Justice. In addition to Rule 57.01 of the Rules of Civil Procedure, he noted Rule 1.04 (1.1), which provides that the court’s orders and directions shall be proportionate to the importance and complexity of the issues, and to the amount involved in the proceeding. He cited a number of cases including Elbakhiet v. Palmer in support of the proposition that costs must be fair and reasonable in the particular proceeding.

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