Can a party who has been unsuccessful in a personal injury case rely on their own financial means, such as cash, to avoid the costs of the other party?
Ontario, Canada
The following excerpt is from Hodgson v. Hodgson, 2021 ONSC 1357 (CanLII):
This view is continued in Derziyan v. Shebarin, 2021 ONCJ 17, where the court stated that the (financial) means of the unsuccessful party may not be used to shield that party from liability for costs, particularly when he or she acted unreasonably. The court in Derziyan concluded that all parties must understand that court proceedings are not designed to give individual litigants a forum for carrying on in whatever manner they may choose, oblivious to the impact on the other side and to mounting costs.
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