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Herbert v. The City of Brantford (2010 ONSC C04-12047) [CANLII]

Interest charged recoverable

November 23, 2010

This Ontario Superior Court decision held that interest charged by various experts on their accounts was recoverable as an assessable cost against the defendant. This decision builds upon those of Bourgouin and McCreight in recognizing that the onerous costs borne by plaintiffs and their counsel in pursuing a claim could deter access to justice where the costs incurred - including financing charges - are not recoverable.

Review decision.

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Herbert v. The City of Brantford (2010 ONSC C04-12047) [CANLII]