What is the impact of time spent by counsel in preparing a motion?
Ontario, Canada
The following excerpt is from Stojnic v. Mauro, 2008 CanLII 43777 (ON SC):
It is not the role of the court to second guess the time spent by counsel in preparation, or otherwise, unless it is manifestly unreasonable in the sense that the total time is clearly excessive or the matter is overly lawyered. See Basdeo v. University Health Network, [2002] O.J. No. 597 (Sup. Ct.). It is appropriate, nevertheless, in fixing costs to take into account all factors bearing on this issue, including whether or not a motion should have been brought and whether or not a motion should have been resisted.
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