What is the test for a judge to order personal costs against counsel in a personal injury case?
Ontario, Canada
The following excerpt is from Bacchus v. Munn, 2020 ONSC 7839 (CanLII):
In exercising the discretion under the second part of the test, judges must do so cautiously. It is only in the clearest of cases that an award of costs should be made against counsel personally. These orders are made sparingly, and with the greatest of care. See Bailey v. Barbour 2014 ONSC 3698 at para. 37 and the cases cited therein.
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