What is the test for determining a successful litigant's legal fees in a personal injury case?
Ontario, Canada
The following excerpt is from Aprile v. Aprile, 2016 ONCJ 678 (CanLII):
I am also mindful that the court’s role in assessing costs is not necessarily to reimburse a litigant for every dollar spent on legal fees. As was pointed out in Boucher v. Public Council,[5] the award of costs must be fixed in an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceedings rather than an exact measure of actual costs to the successful litigant.
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