What is the test for a lay litigant's claim for time expended by the respondent in a personal injury case?

Prince Edward Island, Canada


The following excerpt is from D.E.M. v. J.M.M., 2012 PECA 7 (CanLII):

The respondent’s claim for payment for her own time expended, although incidental, is disqualified because she has not shown that she lost money by handling her own case. This court stated in Pierlot Family Farm v. Polstra 2006 PESCAD 13, at ¶2 and 3, that costs payable to lay litigants are payable on a different basis than costs payable to legal counsel; costs are payable to lay litigants only if a lost opportunity cost is shown, i.e. if it is shown that the time they spent on their case, which would normally be the time spent by a lawyer, in fact caused a financial loss, either because the lay litigant had to take time off work, use vacation days, or was unable to carry out his or her normal business. A lay litigant who cannot show that she lost money by handling her own case will not be entitled to anything but disbursements. In this case, the respondent did not provide evidence of lost opportunity.

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