What are the throw-away costs of a trial?
Prince Edward Island, Canada
The following excerpt is from Fraser v Runighan, 2020 PECA 5 (CanLII):
Throw away costs are to compensate a party for costs that have been wasted and such that work will have to be redone as a result of the trial being adjourned. For this reason, throw-away costs are generally awarded on a full or substantial recovery basis (Pittiglio v. Pittiglio, 2015 ONSC 3603, at para. 5).
"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.
Other Questions
Is there any case law where a series of offers were exchanged over 20 months prior to trial with the last offer being made 4 calendar days before trial commenced? (Prince Edward Island, Canada)
What are the consequences of an appeal against orders requiring security for costs and payment of further interim costs? (Prince Edward Island, Canada)
How have costs been apportioned in motor vehicle accident cases? (Prince Edward Island, Canada)
What are the reasons of a trial judge's failure to state that they have a reasonable doubt? (Prince Edward Island, Canada)
In what circumstances will a plaintiff receive his full costs in a personal injury action? (Prince Edward Island, Canada)
What is the quantum of costs awarded in a personal injury action? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
How have courts dealt with costs in personal injury cases? (Prince Edward Island, Canada)
What is the test for assessing costs on a partial indemnity or substantial indemnity basis? (Prince Edward Island, Canada)
How have the courts treated testimony that the respondent mother gave to a trial judge that she would return to Canada for the sake of the children? (Prince Edward Island, Canada)
