Some of these attendances appear to be attributable, to some extent, to the involvement of a number of counsel on the file. Over the course of the appeal, services were provided at various stages by two different senior counsel (57.5 hours and 23.15 hours) and by three junior counsel. I appreciate that different counsel performed somewhat different roles. However, this distribution of legal work appears to have contributed to some duplication, overlap, and administration filtering into the bill of costs. I wish to be clear in recognizing that the respondents and their counsel are well entitled to prepare for an appeal and to conduct their case in the manner they consider most advantageous. In fixing costs as between parties, the court is not questioning the appropriateness of whatever arrangement is made between a solicitor and her own client. However, as McQuaid J.A. stated in Oliver v. Severance, there is not necessarily a direct connection between what counsel for a successful party has billed her client and what is recoverable from the unsuccessful party. I wish also to note that delegation of functions to junior counsel in an effort to utilize the lowest cost service provider is also a practice to be encouraged. However, the cost of those services that can be appropriately charged to the unsuccessful party still has to be limited to what appears as reasonable in the circumstances.
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