April 4, 2022 – Determining “Success” On Costs

“Mr. Kraemer relies upon the case of Takhar v. Takhar, 2009 CarswellOnt 8172 to submit that since success has been divided, there should be no costs.  I prefer to rely upon Thompson v. Drummond, 2018 ONSC 4762 where Chappell J. said that the determination of success is not a simple mathematical exercise: “Rather, it requires a contextual analysis that takes into consideration the importance of the issues that were litigated and the amount of time and expense that were devoted to the issues which required adjudication…”.

         Kraemer v. Kraemer, 2019 ONSC 2072 (CanLII) at 6

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