What is the test for determining fair and reasonable costs in a personal injury action?

Ontario, Canada


The following excerpt is from Pierce v. Neville, 2015 ONCJ 240 (CanLII):

[66] As D.C. Price J. noted in the case of Vetro v. Vetro, 2011 CarswellOnt 14094, 2011(Ont. S.C.), to do this I must take into account the reasonable expectation of the parties concerning the amount of costs. I must in effect: step back and examine the overall award with a view to determining whether it is 'fair and reasonable' for the kind of matter involved. In making this determination, I take into account the reasonable expectation of the parties concerning the amount of costs.

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