What are the implications of the Court of Appeal's decision to order a lawyer to pay a lawyer's costs of more than $200,000?
Ontario, Canada
The following excerpt is from Jarbeau v McLean, 2016 ONSC 3789 (CanLII):
In Buchanan v. Geotel Communications Corp., [2002] O.T.C. 360 (S.C.), Ferguson J. stated at paras. 10 and 11: Having said all that, the bottom line is that the proposed costs are excessive. They are excessive from two perspectives: costs of this magnitude will make litigation inaccessible as a method of dispute resolution; costs of this magnitude are also disproportionate to the value of the legal work reasonably necessary to represent a client in this dispute. If counsel do not use more restraint in deciding how much to invest in litigation they will put both the bar and the courts out of business which will profoundly harm the public whom we both serve.
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