Costs | Davidson Cahill Morrison LLP

The High Cost of Unreasonable Conduct: Why a “Hardball” Litigation Strategy is a Costly Gamble

Peter Reinitzer September 9, 2025

Offer nothing, force the plaintiff to finance a trial, and hope they fold: it is a familiar defence gamble, and a growing line of Ontario cases shows how badly it can go. In Barry v Anantharajah, 2025 ONCA 603, a defendant who never made a monetary offer faced a costs award reported to dwarf the plaintiff’s modest $16,160 recovery. The Court of Appeal’s message is plain: a reasonable offer, even a small one, is a vital tool for managing litigation risk.

Court of Appeal Upholds Nearly $1 Million in Costs Following Jury Trial in Pye v Di Trapani

Margaret Klassen May 13, 2025

An 18-day jury trial, a damages award just over $1 million, and a costs award of nearly the same amount: the defendants said the trial judge had failed to test the plaintiff’s costs for reasonableness and proportionality. In Pye v Di Trapani, 2025 ONCA 355, the Court of Appeal disagreed, reaffirming the broad discretion trial judges hold over costs and the powerful role a Rule 49 offer plays in the result.

Court Awards Costs of $195,000 After Two Day Motion

Chris Morrison September 27, 2024

The defence was universally successful on a hard-fought set of motions in Avedian v Enbridge Gas Distribution, including the plaintiff’s bids to strike the defences and to recuse the trial judge. The court awarded $195,000 in costs, well above the usual range for a motion, and its reasons are a clear reminder of the price unnecessary and tactical motions impose on clients and the court.