Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Court awarded a lump sum of $7,500 because the adjournment one week before a three-day trial was caused by appellant counsel’s failure to confirm his expert witness’s availability and by his lack of candour, invoking Rule 147(3) factors to compensate thrown away costs and applying Rule 152 to require counsel to indemnify the client for the award.
Source excerpt
Assessment Officer found respondent's delay reasonable given the appellant's concurrent application for leave to the Supreme Court; impecuniosity and post-judgment financial hardship are not relevant to assessment; procedural deficiencies in affidavits were largely cured by supplementary filings; amended bill items introduced at reply without opportunity to respond (Item 18 and amended Item 26) were disallowed or reverted to earlier claim; specific items and disbursements were examined against Tariff B and court record and largely allowed with reductions where procedurally required, resulting…
Source excerpt
The court found divided success on a family-law costs application and ordered that each party bear their own costs after trial.
The Federal Court struck an unrepresented plaintiff’s class certification motion as improperly filed, rejected recusal and fee-return requests, and awarded costs.
The court awarded the plaintiff double costs for eight trial days, finding her March 9, 2015 settlement offer could reasonably have been accepted.
The court awarded interim spousal support, varied a restraining order for greater specificity, and refused a trust vesting order, monthly disclosure, and a s. 230 fine.
Given the mother's success on the merits, the father's notice and knowledge of his support obligations, his failure to pay or show lawful excuse, absence of submissions or evidence of inability to pay, and applicable rules and statutes, the court exercised its discretion to award the mother $1,750 in costs recoverable through MEP.
Source excerpt
The Taxing Officer must tax costs according to Schedule II, Tariff B absent Court directions under Rule 147; a self-represented appellant does not meet the definition of "counsel" and therefore cannot recover fees for his own time under Schedule II, Tariff B. Disbursements properly claimed and consented to (including meals) are allowable. Consequently the claimed fees are disallowed and disbursements of $650 are allowed.
Source excerpt
The motion was dismissed because the appellants sought relief effectively under Rule 147(7) after the 30-day limit had long expired; they were therefore out of time and the Court had no discretion to extend that limit under the authorities cited. Additionally, appellants did not contest the Taxation Officer's certificate on its merits under Rule 159, so no basis for relief under Rule 159 existed.
Source excerpt
The taxing officer allowed the full amounts claimed because the claimed counsel fees complied with the Tariff and the disbursements were supported by receipts and shown to be essential to the conduct of the appeal; therefore $10,691.37 was taxed and allowed in favour of the Respondent.
Source excerpt
Explore more
