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

Ontario civil | Civil Practice and Procedure | Costs | Costs of particular proceedings

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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