Ontario Civil

Civil Practice and Procedure


Effect of success of proceedings

No reason to infer respondent had to decline other remunerative activity in order to work on case

Applicant was plaintiff in civil action against trade union and six officers and respondent law firm acted as counsel for applicant in action. Action was administratively dismissed and applicant changed counsel. Motion to set aside dismissal of action was unsuccessful. Costs order was made against applicant in favour of defendants and applicant paid costs in amount of $31,958.91. Applicant brought unsuccessful application for order that costs be reimbursed by respondent. Parties made submissions on costs. No costs order was made in favour of respondent except as to disbursements in amount of $1,381.91. There was absence of evidence about actual opportunity cost incurred and no reason to infer that respondent had to decline other remunerative activity in order to work on case. Respondent had opportunity to provide evidence in filing reply costs submissions, particularly when issue was squarely raised by applicant, but did not.

Mitchinson v. Marshall (2018), 2018 CarswellOnt 20818, 2018 ONSC 7419, R.B. Reid J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 15797, 2018 ONSC 5632, R.B. Reid J. (Ont. S.C.J.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

Lawyers have expressed concerns that of 38 justices of the peace the province appointed this summer, only 12 have law degrees. Do you think this is an issue?