What is the test for determining an appropriate cost award in a personal injury case?
Ontario, Canada
The following excerpt is from Robinson v. Connolly, 2017 ONSC 6609 (CanLII):
The exercise of determining an appropriate costs award involves balancing the purposes of costs orders (partial indemnification of successful litigants, encouraging settlement, and discouraging inappropriate conduct) with the importance of not unfairly deterring people from pursuing legitimate claims for fear of disproportionate costs consequences. See Cassidy v. Cassidy, 2011 CarswellOnt 1541 (S.C.J.).
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