Modern law of costs

Today's decision regarding costs in Serra v Serra 2009 OCA 395 is a useful summary of the modern law of costs in Canada (I note, for full disclosure, that I was losing counsel on the Serra appeal):

[8]               Modern costs rules are designed to foster three fundamental purposes:

(1) to partially indemnify successful litigants for the cost of litigation;

(2) to encourage settlement; and

(3) to discourage and sanction inappropriate behaviour by litigants: Fong v. Chan (1999), 46 O.R. (3d) 330, at para. 22.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777