What factors must a court consider when deciding costs in a personal injury action?
Ontario, Canada
The following excerpt is from NDrive, Navigation Systems v. Zhou, 2021 ONSC 7772 (CanLII):
Rule 57.01 sets out the factors a court may consider when deciding costs, and the court must adhere to the principle of proportionality set out in r. 1.04(1.1). Despite those factors, the court’s authority under r. 57.01(1) remains discretionary: Ontario v. Rothmans Inc., 2013 ONCA 353, [2013] O.J. No. 2367, at para. 134.
The overarching principle when fixing costs is that the amount of costs awarded be reasonable in the circumstances: Davies v. Clarington (Municipality), 2009 ONCA 722, [2009] O.J. No. 4236, at para. 52.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will the court consider when awarding maximum costs in a personal injury action? (Ontario, Canada)
What factors must be considered in the assessment of costs in a personal injury action? (Ontario, Canada)
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What factors will be considered by the Court of Appeal in exercise of discretion to enforce a personal injury settlement? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
What is the quantum of costs awarded by the Court in a personal injury action? (Ontario, Canada)
Can a lawyer be personally liable for costs in a personal injury action? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
When determining whether a party has been successful in obtaining a final order in a personal injury action, does the court have to consider any other settlement offer made by the parties? (Ontario, Canada)
