In a personal injury action, can a court second-guess the amount of time claimed for costs?
Ontario, Canada
The following excerpt is from Meady v. Greyhound Canada Transportation Corp., 2013 ONSC 5568 (CanLII):
In Beach, supra para. 55, the court notes at para. 3: In reviewing a claim for costs a court need not undertake a line by line analysis of the hours claimed, nor should a court second-guess the amount claimed unless it is clearly excessive or overreaching. A trial judge must consider what is reasonable in the circumstances and, after taking into account all of the relevant factors, should award costs in a more global fashion: see the cases referred to in Fazio v. Cusumano, [citation omitted]…
"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 a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
Can a court order costs of the entire proceeding of a personal injury claim only from the date of a trial management conference going forward? (Ontario, Canada)
Can a lawyer be personally liable for costs in a personal injury action? (Ontario, Canada)
What factors must a court consider when deciding costs in a personal injury action? (Ontario, Canada)
What is the impact of bad faith in determining the amount of costs in a personal injury action? (Ontario, Canada)
If the parties cannot agree on costs in a personal injury action, what are the deadlines for responding to the claim? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What factors will the court consider when awarding maximum costs in a personal injury action? (Ontario, Canada)
