In the case of Pagnotta v. Brown, [2002] O.J. No. 3033 (S.C.J.) (Q.L.) Justice Kileen stated the upper limit is meant to be an upper standard for the most complicated cases with the most experienced counsel appearing. In that case, the judge found 350 hours of lawyer and law clerk preparation time before trial was excessive in the extreme on a common personal injury matter involving an 8-day jury trial. The court notes that judges and assessment officers have a duty to fix or assess costs at reasonable amounts and they have a duty to make sure that the hours spent can be reasonably justified. The court allowed counsel fees of 100 hours for trial preparation. The court finds that the upper limit in the costs grid is not intended as an everyday standard, nor is it meant to be a figure near which most assessments should fall.
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