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1465778 Ontario Inc. v 1122077 Ontario Ltd., [2006] OJ No 4248 (ONCA)

Facts:

Costs sought were 4,500. It was a case more about principle.

Issue(s):

Should costs be awarded to counsel who was acting pro bono, or against counsel who was acting in pro bono?

Ratio:

Pro bono counsel can get costs awarded in their favour and have costs awarded against them

Analysis:

Pro bono counsel can get costs in their favour and have costs awarded against them bc the reason under the cost regime might necessitate the proceeding – neither party should be insulated from these costs.

1. Pro Bono counsel can seek costs
2. Where costs are awarded in favour of the party – the costs belong to that party
**However pro bon counsel can make arrangements with their client before hand
3. Judge can award costs in favour of pro bono counsel

Holding:

The pro bono lawyer successfully got costs awarded in their favour


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