Is a solicitor and client entitled to costs on a solicitor-and-client scale?
Ontario, Canada
The following excerpt is from Sienna v. State Farm, 2015 ONSC 786 (CanLII):
The power to award costs on a solicitor-and-client scale is within the discretion of the court. It is a discretion which is to be exercised in only special and rare cases. Proceedings where allegations of fraud and dishonesty are made and not established are recognized as falling into that category of special and rare cases. Bargman v. Rooney, [1998] No. 5528 at para. 15
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