What is the test for assessing costs in a personal injury proceeding?
Ontario, Canada
The following excerpt is from Moreira v. Garcia, 2012 ONCJ 312 (CanLII):
[65] One consideration in an assessment of costs is to fix costs in an amount that is “fair and reasonable” for the unsuccessful party to pay in a particular proceeding. See, e.g., Farjad-Tehrani v. Karimpour 2009 CarswellOnt 2186 (S.C.J.) at para. 32, aff’d 2010 ONCA 326 at para. 4.
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