Category Archives: Costs

Developments in the law of costs.

Defence Counsel Praised for High Quality of Work but Judge Says Law Clerks Should Have Been Used More

In 1175777 Ontario Limited v. Magna International Inc., Madam Justice Carolyn J. Horkins of the Ontario Superior Court had to fix costs following a 14-day trial in which she had found for the defendants. The plaintiff had sued Magna and … Continue reading

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Power J. Analyzes Right of Self-represented Solicitor to Be Paid Costs

Mr. Justice Denis Power released an interesting and rather novel costs ruling yesterday in the ongoing Riddell v. The Conservative Party of Canada litiigation. Ottawa lawyer Alan Riddell, once the Conservative Party of Canada’s candidate in the federal riding of … Continue reading

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Costs Roundup: Costs Award Means Pyrrhic Victory for Conrad Black; Solicitor Personally Liable for Costs

Two new costs decisions are, we think, worthy of note. Sun-Times Media Group Inc. v. Conrad Black At a time when Mr. Black probably has other things on his mind, Justice Colin Campbell had the task of fixing costs of … Continue reading

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Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim

Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident … Continue reading

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Solicitor for LTD Claimant Personally Liable for Costs of Third Party Proceedings Against Insurer’s Employees

In a ruling that is certain to send a chill through the plaintiffs’ bar, Madam Justice Anne Molloy has ordered a solicitor who was representing a disability insurance claimant to pay costs of an abortive third party proceeding against the … Continue reading

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Offer to Contribute Should Attract Substantial Indemnity Costs

In Caci v. MacArthur, Mr. Justice David Brown held that a defendant who achieved a better result at trial than an offer to contribute that it had made to a co-defendant, was entitled to costs on a substantial indemnity basis … Continue reading

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Divisional Court Upholds “Massive” Costs Award of $160,000 for One-day Motion

In Jazz Air LP v. Toronto Port Authority, the Divisional Court split 2-1 on whether to uphold a costs award of $160,000 made by Justice James Spence following a failed injunction motion. Justices Dennis Lane and Gladys Pardu supported the … Continue reading

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C.A. Reduces Damages to $1,000 but Upholds Trial Costs of $115,000

An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not … Continue reading

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“Small cases cannot carry big fees any more than you can make a winter coat out of a small scrap of cloth”

In Stratton Electric Limited v. Guarantee Company of North America et al., Mr. Justice G. Dennis Lane of the Ontario Superior Court was required to fix costs of the successful defendant, Guarantee Company of North America, in an action that had … Continue reading

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Court Cites “Massive Overkill” Where Total Legal Costs Exceed $400,000, Judgment for Less than $30,000

In Dinsmore v. Southwood Lakes Holdings Ltd., Mr. Justice John H. Brockenshire had some interesting things to say about costs. This action involved the cost of remedying a damp basement in a townhouse. It proceeded to trial under ordinary procedure, although … Continue reading

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