What is the test to determine liability of a lawyer for costs?
Ontario, Canada
The following excerpt is from 1769656 Ontario Inc. v. Leslie Philpotts, 2013 ONSC 4541 (CanLII):
The test to determine the liability of a lawyer for costs is a two part one. First, the court is to inquire as to whether a lawyer’s conduct falls within rule 57.07(1) in that the lawyer caused costs to be incurred unnecessarily. The second step is to consider the extreme caution principle enunciated in Young v. Young and whether in the circumstances the imposition of costs against the lawyer personally is warranted.
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