Canada Case Law

Malik Law Corporation v. Lally

Court

Supreme Court of British Columbia

The registrar accepted much of the lawyer's work as reasonable but found billing format and specificity deficient, disallowed unproven photocopy/scan charges ($498.75), set a reasonable fee for services at $27,000, allowed other disbursements, credited prior payments of $14,000, declared an outstanding balance of $17,907.79, awarded contract interest at 12% per annum from July 25, 2024, and ordered each party bear their own costs of the review due to special circumstances.

Source excerpt

• Lawyer's bill review
• Retainer agreement
• Certificate of pending litigation (cpl)
• Disbursements
• Contract interest
• Costs of review

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Kotsopoulos v. Toronto (City)

Court

Court of Appeal for Ontario

The Ontario Court of Appeal fixed costs of a summary judgment motion at $51,600 inclusive, rejecting substantial indemnity costs and reducing claimed fees and disbursements.

• Rule 49 offers to settle
• Summary judgment
• Costs scale - substantial indemnity vs partial indemnity
• Disbursements
• Post-judgment interest
• Costs

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Aslam v. Canada

Court

Federal Court of Appeal

The assessment officer applied Column III of Tariff B as ordered by the Court and, on the basis of the Court file, parties' submissions and applicable jurisprudence, allowed 14 units under Items 19, 20, 22(a), 25 and 26 (total $2,520), disallowed 2 units under Item 27, reduced disbursements to $495.89 (allowing $7.64 courier and $488.25 photocopies), and assessed the respondent's bill of costs at $3,015.89 payable by the appellant.

Source excerpt

• Tariff b
• Assessment of costs
• Disbursements
• Jurisdiction of assessment officer
• Column iii selection

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Gill v. Sidhu

Court

Supreme Court of British Columbia

The chamber application for immediate payment of the claimed disbursements is dismissed because such minor disbursement disputes should not be litigated in chambers and are appropriately assessed at the end of the proceeding by the registrar; however, because the application was needless and imposed burden, the Parents are awarded their costs against the respondent on an any-event-of-the-cause basis, with no special costs awarded as the threshold was not met.

Source excerpt

• Costs thrown away
• Disbursements
• Court reporters
• Adjournment
• Chambers scheduling

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Deng v. Han

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario awarded the appellant costs of the Superior Court proceedings, fixing them at $25,000 inclusive of HST and disbursements.

• Costs award
• Disbursements
• Hst
• Costs
• Civil-procedure
• Appeal

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Deeproot Green Infrastructure LLC et AL v. Greenblue Urban North America Inc.

Court

Federal Court of Appeal

Assessment officer applied subsection 400(3) factors within the bounds of Tariff B Column III, allowed specified units per Tariff items (Item 19:7; Item 20:1; Item 25:1; Item 22(a):6; Item 22(b):0; Item 26:5; Item 27 total:7), disallowed client travel disbursements of $8,916.09 as unreasonable and unnecessary, adjusted HST on allowed assessable services, and ordered the appellants to pay the respondent $5,378.80; holding that costs cannot exceed Column III and second counsel costs are not allowable absent court direction.

Source excerpt

• Costs assessment
• Tariff b
• Disbursements
• Second counsel
• Client travel expenses

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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC et AL.

Court

Federal Court of Appeal

Allow specific Tariff B units and disbursements as assessed: Items 17, 18, 19 and 21 allowed as claimed; Item 22 second counsel disallowed absent court direction; Item 27 partly allowed at reduced units; special secretarial overtime and meeting expenses disallowed; printing and binding allowed in reduced amount with colour limited to 5% of copies; resulting monetary awards fixed for appeal and cross-appeal and HST adjusted accordingly.

Source excerpt

• Costs assessment
• Appeal
• Cross-appeal
• Tariff b
• Disbursements
• Assessment officer discretion

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Bernard LLP v. Michael Wilson & Partners, Ltd.

Court

Supreme Court of British Columbia

MWP failed to provide required affidavits and hearing record and produced untimely, prejudicial materials justifying dismissal of its appointment; on the merits Bernard's discounted rates, contemporaneous emails demonstrating client instruction, and supporting invoices established the fees and most disbursements were reasonable and recoverable, except for an unsupported $44.70 scanning charge (plus tax), and the registrar must certify the bill with interest at 12% per the retainer while crediting MWP pre-judgement interest on the $20,000 retainer under the Court Order Interest Act.

Source excerpt

• Fee assessment
• Retainer scope
• Trust account interest
• Procedural non-compliance
• Disbursements
• Costs allocation

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Star Blanket First Nation v. Kawacatoose First Nation

Court

Federal Court of Appeal

Apply the unit value in effect when the bill was filed ($180.00); allow units consistent with the midrange of column III but rounded as appropriate; allow claims for separate court files where the Court issued separate cost awards; disallow costs for an interlocutory motion where the order was silent; disallow costs for second/third counsel absent a court direction; reduce in-house printing to $0.25 per page; allow meal rate per National Joint Council rate; resulting Bill of Costs allowed in part in the amount of $6,128.80.

Source excerpt

• Costs assessment
• Tariff b
• Respondent record
• Hearing preparation
• Disbursements
• Printing

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Little Black Bear First Nation v. Kawacatoose First Nation

Court

Federal Court of Appeal

The assessment officer applied the tariff unit value in force on the date the bill was filed ($180.00), disallowed duplicative and unauthorized claims (interlocutory motion costs and additional counsel without court direction), allowed specific midrange units for listed tariff items after rounding, adjusted printing rates to $0.25 per page and allowed a lunch allowance based on the National Joint Council rate, resulting in an allowed bill of costs of $6,128.80 in favour of Standing Buffalo Dakota First Nation.

Source excerpt

• Costs assessment
• Tariff b
• Assessment officer jurisdiction
• Disbursements

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