Wednesday, October 23, 2013

No costs ceiling in Court of Appeal

(Attorney General) v. Rothmans Inc.,2013 ONCA 642 makes an important civil practice point – there is no cost ceiling in the Court of Appeal:

[9]          We do not think it can be said that there is some sort of $100,000 ceiling for costs awards in this Court.  Each case must be decided in its own context.  What has to be determined is an amount that is fair and reasonable in the circumstances and is consistent with the reasonable expectations of the parties: Boucher v. Public Accountant Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.), at paras. 37-38. 

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