In what circumstances will a court allow a defendant to charge a second counsel fee?
Alberta, Canada
The following excerpt is from Huet v. Lynch, 2001 ABCA 37 (CanLII):
In Kassam v. Dragish (1991), 123 A.R. 161 (Q.B.) Veit, J. stated at 164: It appears to me that the court should err if at all on the side of generosity in allowing second counsel fees since party and party costs provide their own form of check and balance in this matter. Party and party costs will result in reimbursement for only a fraction of the cost of having a second counsel at trial; therefore most parties will probably consider carefully whether they wish to bear that expense.
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