Ontario Judge Concludes Time Spent on Research Excessive in Electronic Age

In a recent decision from the Ontario Superior Court (Family Court), Justice Campbell reduced a claim for costs on the basis that certain case-law research could have been conducted more efficiently through the use of an electronic search tool. The following quote from the decision best captures Justice Campbell’s reasoning:

“This motion was not at all complicated. Although some case-law research was necessary and although Mr. Hopkins did indeed produce several relevant and persuasive cases relating to the circumstances of one parent’s removing children to another locality before trial, I cannot understand how Mr. Hopkins could invest 10½ hours obtaining and reading the essence of those cases. Surely in this electronic age, Mr. Hopkins would perform the same task that I, or any other legally trained person, would and “click” the word “mobility” into the QuickLaw website. His computer would then have given him the relevant case law. I decline to award costs for the amount of time claimed for this part of the preparation for the argument.”

For a copy of the decision, visit:

Biggin v. Maloney

Volume IV

Ontario Judge Concludes Time Spent on Research Excessive in Electronic Age