Kellosalmi v. Watts

Kellosalmi v. Watts

Costs must be assessed strictly in accordance with Appendix B to the Supreme Court Family Rules; tariff item 1 is fixed at $3,000 and cannot be apportioned by the assessor beyond the Schedule, tariff item 4 is payable only where there was both preparation and attendance and is calculated by half‑day of attendance,...

Source-derived case information.

Citation
2018 BCSC 2249
Parties
Claimant: Natasha Alexandria Kellosalmi; Respondent: John Patrick Watts; Respondent by Counterclaim: Raimo Kellosalmi; Respondent by Counterclaim: Noreen Kellosalmi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 December 2018
Procedural Posture
Family Law (costs Assessment) / Costs Assessment by Master Following Judgment on Counterclaim
Outcome
Assessment allowed in part for the respondents by counterclaim; specific tariff items and disbursements allowed and other claims disallowed in accordance with Appendix B and the Master’s interpretation
Legal Topics
Costs Assessment Under Appendix B, Interpretation of Tariff Items, Disbursement Allowances, Effect of Offer to Settle, Jurisdiction of Registrar/master
Source Language
english
Family Law Civil Procedure Costs and Disbursements Costs Assessment Under Appendix B Interpretation of Tariff Items Disbursement Allowances Effect of Offer to Settle Jurisdiction of Registrar/master

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Parties

Natasha Alexandria Kellosalmi

Claimant

John Patrick Watts

Respondent

Raimo Kellosalmi

Respondent by Counterclaim

Noreen Kellosalmi

Respondent by Counterclaim

Procedural Posture

Family Law (costs Assessment) / Costs Assessment by Master Following Judgment on Counterclaim

Legal Issues

  1. 1 Whether costs must be strictly assessed in accordance with Appendix B of the Supreme Court Family Rules
  2. 2 Proper interpretation and application of tariff item 1 (general correspondence/conferences/etc.) and tariff item 4 (preparation for and attendance at contested applications)
  3. 3 Whether a registrar/master has discretion to apportion or award costs beyond the Schedule or to award costs of assessment or attendance for reserve decisions

Ratio Decidendi

Costs must be assessed strictly in accordance with Appendix B to the Supreme Court Family Rules; tariff item 1 is fixed at $3,000 and cannot be apportioned by the assessor beyond the Schedule, tariff item 4 is payable only where there was both preparation and attendance and is calculated by half‑day of attendance, costs for attendance to hear a reserve decision and costs of assessment are not recoverable under the Family Rules Schedule, and reasonable disbursements were allowed in specified reduced amounts based on proof and customary rates.

Court Disposition

Assessment allowed in part for the respondents by counterclaim; specific tariff items and disbursements allowed and other claims disallowed in accordance with Appendix B and the Master’s interpretation

Orders

  • Tariff item 1 allowed at $3,000.00
  • Tariff item 2 allowed at $2,000.00