In what circumstances will the court accept disbursements that seem excessive?

Ontario, Canada


The following excerpt is from Lopresti v Rosenthal, 2016 ONSC 7494 (CanLII):

In Hamfler v. Mink, 2011 ONSC 3331, 38 C.P.C. (7th) 398, Edwards J. considered the issue of disbursements that seemed excessive. His comments, at paras. 14, 18, are relevant to the case before me: By simply accepting a disbursement which on its face appears to be extravagant and excessive, will simply encourage experts to charge excessive fees. Litigation in the 21st century is at risk of becoming priced well beyond the reach of almost anyone seeking, or needing access to our courts. In far too many cases, the total claim for costs and disbursements exceeds the recovery at trial. Reasonableness and proportionality dictate that the court take a long hard look at the claim for costs and disbursements in its overall determination as to the reasonableness and fairness of the amount claimed. … Fundamentally however, the court must as I have done, direct itself to the question of whether the amount claimed is fair and reasonable. An expert can simply not charge what he or she considers appropriate and then expect through counsel that such fee will be deemed acceptable by the court. Reasonableness and fairness will dictate whether a disbursement, and in this case, whether an expert’s fee is assessable in whole or in part.

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