What is the test for determining a quantum of costs under Rule 24(12)?

Ontario, Canada


The following excerpt is from Di Sabatino v. Di Sabatino, 2022 ONSC 1582 (CanLII):

I turn lastly to determining a reasonable and proportionate quantum of costs in view of my findings and the considerations listed in Rule 24(12). In determining quantum, I accept as A.J. Goodman J. explains in Miziolek v. Miziolek, 2018 ONSC 4372 at para. 32: …[t]here must be practical and reasonable limits to the amounts awarded for costs and those amounts should bear some reasonable connection to the amount that should reasonably have been contemplated. I note that it is not necessary for me to have to go through the hours, or disbursements, line by line, in order to determine what the appropriate costs are. Nor is the court to second-guess the amount of time claimed unless it is clearly excessive or overreaching. I must consider what is reasonable in the circumstances, and all the relevant factors. However, when appropriate and necessary, a court ought to analyze the Bill of Costs in order to satisfy itself as to the reasonableness of the fees and expenses submitted for consideration.

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