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Litigation procedure in Ontario

How the mechanics of a lawsuit -- and, notably, the shifting of costs at its conclusion -- work up there:

Ontario is a cost-shifting or "loser pays" jurisdiction. As a practical matter, this means that a prevailing party is generally entitled to recover a portion of its legal costs, including both fees and disbursements, from the unsuccessful party. The proportion of actual costs incurred that are recoverable depends on the circumstances of the particular case. Absent unusual circumstances, "partial indemnity" awards in the range of 25 to 50 percent of actual costs are not uncommon.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.