What is the test for “obvious overkill” in the context of determining a successful counsel’s costs?
Ontario, Canada
The following excerpt is from Kruja v. Elezi, 2017 ONCJ 328 (CanLII):
In Grimba v. Bossi, 2012 ONSC 2290, the court stated at paragraph 14 that, in the absence of “obvious overkill” I do not view it to be the court's function when fixing costs to second-guess successful counsel on the amount of time that should or could have been spent to achieve the same result, unless the time spent is so grossly excessive as to be obvious overkill.[3]
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