Ontario's Court of Appeal recently upheld a trial judge's award of $546,684.73 for
an 11 day wrongful dismissal trial in the Superior Court of Justice. In its ruling in
Ruston v. Keddco MFG 2019 ONCA 125 a panel consisting of Peppall J.A.,
Trotter J.A. and Harvison Young J.A. concluded, "While we recognize that this costs
award was unusually high, the appellant has not satisfied us that the costs award was
not fair and reasonable in the circumstances of this case. The case involved the
termination of a senior employee with eleven years of service who was 54 years of
age at the time of the dismissal for alleged cause and had a grade 12 level education.
Litigation is a very expensive dispute resolution process. If we break down the costs award by the duration of the trial this works out to roughly $50,000 per day of trial. However, those of us who actually litigate cases know all too well that the vast majority of litigation time is spent in the lead up and preparation for trial - fact-gathering, investigation, legal research, preliminary motions, discovery etc. etc.
E.J. Guiste is a Toronto based trial and appeal lawyer who litigates cases in the areas of employment, human rights, professional discipline and criminal law.
an 11 day wrongful dismissal trial in the Superior Court of Justice. In its ruling in
Ruston v. Keddco MFG 2019 ONCA 125 a panel consisting of Peppall J.A.,
Trotter J.A. and Harvison Young J.A. concluded, "While we recognize that this costs
award was unusually high, the appellant has not satisfied us that the costs award was
not fair and reasonable in the circumstances of this case. The case involved the
termination of a senior employee with eleven years of service who was 54 years of
age at the time of the dismissal for alleged cause and had a grade 12 level education.
Litigation is a very expensive dispute resolution process. If we break down the costs award by the duration of the trial this works out to roughly $50,000 per day of trial. However, those of us who actually litigate cases know all too well that the vast majority of litigation time is spent in the lead up and preparation for trial - fact-gathering, investigation, legal research, preliminary motions, discovery etc. etc.
E.J. Guiste is a Toronto based trial and appeal lawyer who litigates cases in the areas of employment, human rights, professional discipline and criminal law.
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