What is the test for reducing the quantum of costs for a party who is less financially able to afford the costs?
Ontario, Canada
The following excerpt is from Saroli v. Saroli, 2021 ONSC 7491 (CanLII):
The Court of Appeal for Ontario has ruled that, “[w]hile it may be appropriate, in the exercise of a judge's overriding discretion, to reduce the quantum of costs that a party will have to pay because of their financial condition, this principle does not apply in the reverse”: Beaver v. Hill, at para. 18. “There is no principle relating to costs that requires wealthier individuals to pay more for costs for the same step in a proceeding than less wealthy ones”: Beaver v. Hill, at para. 18.
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