Costs in a Civil Litigation Trial
Rob Ford recently discovered he would not be entitled to his costs for winning the appeal that saved his job.
Numerous comments on various forums suggest he is a sore loser and not a gracious winner etc. However, I think many of these folks are confused.
For a moment forget whether you like Rob Ford or not.
The civil justice system in Ontario when it comes to civil trials is very simple. The winner takes all, the loser loses all. Based on this system the loser can end up paying:
- The other parties legal costs;
- Their own legal costs; and
- The actual lawsuit that was launched against them.
The stakes are set high with a view to forcing people to resolve the matter.
If Ford had lost the appeal he would have lost big! Apart from his job he would have had to pay his own lawyers and Paul Magder`s lawyers. The bill would not be chump change.
Interestingly, the Divisional Court ruled that the parties would be responsible for paying their own legal bill. The court goes on to provide an explanation for their decision.
You can read the highlights here: Mayor Rob Ford calls court costs decision ridiculous: ‘I won fair and square’
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