What is the test for imposing costs on a lawyer who has breached Rule 57.07 of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Ramsden v. Van Alphen, 2013 ONSC 6575 (CanLII):
Rule 57.07 encompasses a two part test. The first step is an inquiry as to whether the lawyer’s conduct falls within the scope of the rule in the sense of causing costs to be incurred unnecessarily, and the second step is to consider whether the imposition of costs is warranted in the circumstances, having regard to the extreme caution principle: Carleton v. Beaverton Hotel, [2009] O.J. 2409 (Div. Ct.), at paras. 17, 21. Discussion
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