What is the test for fixing costs in personal injury cases?
Ontario, Canada
The following excerpt is from Collins v. Thunder Bay (City), 2005 CanLII 19820 (ON SC):
The operating principle in fixing costs is to “…award an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding, rather than an amount solely based on the actual costs incurred by the successful litigant.” (Bliss Estate v. Bliss, [2004] O.J. No. 3921)
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