What are the consequences of a personal injury claim being awarded personally against a lawyer?
Ontario, Canada
The following excerpt is from Gundersen v. Gundersen, 2018 ONSC 6009 (CanLII):
Specifically with respect to costs claimed against the Applicant’s Counsel personally, in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (S.C.C.) at pp. 135-136 the court held that costs awarded personally against a lawyer were intended as compensation for the successful party and not as punishment of the lawyer. Examples of instances in which such costs will be ordered included proceedings that were cluttered by repetitive and irrelevant material, or excessive motions and applications or when the lawyer had acted in bad faith in encouraging abuse and delay.
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