In personal injury litigation, generally, the loser of the case pays for a portion of the other side’s legal costs. Loser pays. It is ultimately a Judge’s discretion to order costs or not. And if costs are ordered, the Judge sets the amount at his or her discretion as well. The Judge can order the loser pay a dollar, or a million dollars. It’s entirely up to the Judge. The Judge bases his/her decision on a variety of which are detailed in Rule 57.01 of the Ontario Rules of Civil Procedure:
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