What is the test for reasonable expectations and proportionality analyses in the context of litigation?

Ontario, Canada


The following excerpt is from Alli v. Alli, 2017 ONCJ 18 (CanLII):

[26] The common theme in the “reasonable expectations” and “proportionality” analyses is that the loser should not have to reimburse the winner for excessive or unnecessarily expensive litigation behaviour which might be regarded as “overkill”. Scipione v. Scipione (supra).

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