What is the starting principle for an award of costs in a personal injury action brought by a member of the Law Society of Upper Canada?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Piersanti, 2016 ONLSTH 169 (CanLII):
The starting principle for an award of costs, as established in Law Society of Upper Canada v. Baker[1] is: “The financial burden for the prosecution of a member should not rest on the profession generally.” We find no compelling reason to depart from this general principle in the present case.
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