What is the legal test for a successful plaintiff in a personal injury case?
Ontario, Canada
The following excerpt is from C.S. v. S.C., 2021 ONSC 6209 (CanLII):
Modern costs rules are designed for three purposes: (1) to partially indemnify successful litigants for the cost of litigation; (2) to encourage settlement; and (3) to discourage and sanction inappropriate behaviour by litigants: Serra v. Serra, 2009 ONCA 105, 307 D.L.R. (4th) 1, at para. 8; Beaver v. Hill, 2018 ONCA 840, 143 O.R. (3d) 519, at paras. 12-15. Ultimately, costs should be in an amount that is fair and reasonable for the unsuccessful party to pay in the circumstances of the case.
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