In what circumstances will a court order personal costs against a lawyer?
Ontario, Canada
The following excerpt is from Mackenzie v.1785863 Ontario Ltd., 2018 ONSC 4992 (CanLII):
In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (S.C.C.) at pp. 135-136 the court held that costs awarded personally against a lawyer were intended as compensation for the successful party and not as punishment of the lawyer. Examples of instances in which such costs would be ordered included proceedings that were cluttered by repetitive and irrelevant material, or excessive motions and applications, when the lawyer had acted in bad faith in encouraging such abuse and delay.
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