When can a solicitor be personally liable for costs?
Ontario, Canada
The following excerpt is from Przybysz v. Przybysz, 2005 CanLII 25950 (ON SC):
The law on the subject of when costs can or should be awarded against a solicitor personally is quite clear. In Guy v. Tulloch, [2002] O.J. No. 5420 (S.C.J.) the court held, on an application under subsection 24(9) of the Family Law Rules, that an award of costs against counsel personally should be granted only in exceptional circumstances. Furthermore, the conduct of a lawyer justifying such an award must have been one without reasonable cause and where the facts of the case are completely within the specific provision of the rule.
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