What is the legal test for determining costs for fees paid to an expert witness?
Ontario, Canada
The following excerpt is from Das v. George Weston Limited, 2017 ONSC 5583 (CanLII):
The same approach for the determination of costs is applied to the recovery of fees paid to an expert witness. In Pearson v. Inco Ltd., [2002] O.J. No. 3532 (S.C.J.), Justice Nordheimer stated at para. 20: [T]he approach to the recovery of fees paid to expert witnesses ought to be exactly the same as the approach to the fees to be recovered by counsel. The court should consider what is fair in terms of hours and rates as well as the overall amount and should then fix an amount which it is reasonable for the losing party to pay. In so doing, the court is not bound by what the client may have actually had to pay the expert.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a non-expert expert give evidence in a motor vehicle accident case that does not contradict the findings of an expert? (Ontario, Canada)
What are the applicable legal principles that apply to the determination of costs in a personal injury proceeding? (Ontario, Canada)
What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
What are the quantum of costs incurred in determining whether a plaintiff is entitled to full recovery costs? (Ontario, Canada)
When will a court consider the location of expert witnesses as a factor in determining the venue of a trial? (Ontario, Canada)
What is the legal test for recovery of fees paid to an expert witness? (Ontario, Canada)
What is the legal test for a judge to determine the appropriate amount of costs in a personal injury case? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
What is the test for a court to determine a litigant's legal fees costs? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
