Ontario Civil


Civil Practice and Procedure

Costs

Costs of particular proceedings

Costs award would not be consistent with what unsuccessful party could reasonably expect

Employee brought successful wrongful dismissal action against former employer and was awarded judgment in amount of $69,091.12. Hearing was held to determine costs. Employee was awarded costs fixed at $15,000 inclusive. Case was not complicated case warranting award of actual costs of $26,198.65 Considering principle of proportionality, such an award would not be consistent with what unsuccessful party could reasonably expect to pay for simplified procedure matter.

Theberge-Lindsay v. 3395022 Canada Inc. (2018), 2018 CarswellOnt 13594, 2018 ONSC 4900, V.R. Chiappetta J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 8835, 2018 ONSC 3222, V.R. Chiappetta J. (Ont. S.C.J.).

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