September 30, 2026 – Assessing Costs

“Assessing costs is “not simply a mechanical exercise”. See: Delellis v. Delellis and Delellis, 2005 CanLII 36447 (ON SC), [2005] O.J. No. 4345. In that case, Justice Aston indicated as follows at para 9:

Costs must be proportional to the amount in issue and the outcome. The overall objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances of the case, rather than an amount fixed by the actual costs incurred by the successful litigant.”

Jumale v. Mahamed, 2022 ONSC 5571 (CanLII) at 28

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