if an unsuccessful litigant is required to bear all of the costs of the successful litigant,

……..“Rather than engaging in a purely mathematical exercise, the judge awarding costs should reflect on what the court views as a reasonable amount that should be paid by the unsuccessful party rather than any exact measure of the actual costs of the successful litigant.”

While on the one hand, a successful litigant should not have to bear the costs of a lawsuit in which they are successful, on the other hand, if an unsuccessful litigant is required to bear all of the costs of the successful litigant, this would discourage parties from asserting or defending their rights in court.

In the end, in this case the corporation was awarded costs in the amount of $30,000, inclusive of fees, HST and disbursements. While the case did not specify how much costs the corporation was seeking, the judge determined that several categories of the costs claimed ….

read more at   http://www.lashcondolaw.com/unpaid-common-expenses-a-recent-case-on-interest-and-costs/

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