What is the test for reasonable expectations and proportionality analyses?
Ontario, Canada
The following excerpt is from Jackson v Mayerle, 2016 ONSC 1556 (CanLII):
97. Simplistically, a common theme in the “reasonable expectations” and “proportionality” analyses is that the loser should not have to reimburse the winner for excessive or unnecessarily expensive litigation behaviour which might be regarded as “overkill”. Scipione v. Scipione (supra).
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