Objective was to fix amount that was fair and reasonable, rather than amount fixed by actual costs incurred
CIVIL PRACTIVE PROCEDURE - COSTS - COSTS OF PARTICULAR PROCEEDINGS
Trial date was vacated at request of defendants P and M Corp. over opposition of plaintiffs. Hearing was held to address issue of any costs thrown away being sought by plaintiffs. Costs thrown away was request for payment of party’s costs for trial preparation which had been wasted and any trial preparation that would have to be redone as result of trial adjournment. Purpose of awarding costs thrown away was not to penalize party who sought adjournment of trial or who was at fault for such adjournment due to mistrial, but was meant to indemnify party for wasted time incurred for trial preparation or trial work arising from adjournment or mistrial. Overall objective was to fix amount that was fair and reasonable, rather than amount fixed by actual costs incurred. There was minimal wasted trial preparation or costs thrown away. P and M Corp. to pay plaintiff costs thrown away as well as costs of trial scheduling court preparation and attendance in amount of $2,100 inclusive.
Orologio v. Reali (2019), 2019 CarswellOnt 1117, 2019 ONSC 686, Stephen E. Firestone J. (Ont. S.C.J.).
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