Month: July 2016

Sometimes, counsel and their clients litigating in Ontario are faced with motions from the other side that are more tactical than substantive or are just “overkill” given the nature of the action.

As Ontario is a “loser pays” jurisdiction, the fact that an “unsuccessful” litigant can be responsible for a portion of the costs of the “successful” party is a further consideration. Ontario’s laws, however, provide a mechanism which if properly utilized can shift some of the burden of the costs of litigation onto the other party.