What is the test for determining the amount of time and effort required to pay costs in a personal injury action?
Ontario, Canada
The following excerpt is from Gratton-Masuy Environmental technologies Inc. v. Building materials evaluation commission, 2003 CanLII 8279 (ON SCDC):
The amount at which costs are to be fixed is not simply an arithmetic function dependent on the number of hours worked and the hourly rates employed but, rather, the party paying the costs should be subjected to an order which is fair and predictable. In other words, the party required to pay costs must not be faced with an award that does not reasonably reflect the amount of time and effort that was warranted by the proceedings. This court accepts as valid the following excerpt from the decision of Wright J. in Lac Des Mille Lacs First Nation v. Canada (Attorney General) (Sep. 12, 2002), (S.C.J.) as follows:
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