What is the test for an unsuccessful party in a personal injury case to pay the legal fees of a successful party?
Ontario, Canada
The following excerpt is from McDermid v. McDermid, 2021 ONSC 8542 (CanLII):
An unsuccessful party’s ability to pay must be assessed in conjunction with the successful party’s ability to absorb legal fees which should not have arisen in the first place: Scipione v. Del Sordo, 2015 ONSC 5982, at para. 138.
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