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The court granted an application to exclude disbursements for three proposed expert reports under the Regulation, finding a reasonable risk of exceeding the cap and undue hardship.
The disbursement to the appellants' expert was not recoverable because the evidence was essentially mathematical calculations based on publicly available share price data that did not constitute expert opinion or make a meaningful contribution to the damages assessment; disallowing the disbursement is not a distributive costs order.
Source excerpt
The Court of Appeal granted leave to appeal on whether Rule 14-1(15) allows costs apportionment by heads of damages or other discrete matters.
Costs ruling after judgment in a confidential-information dispute: the plaintiff remained the successful party, apportionment was refused, and expert disbursements were recoverable.
Defendants interfered with the plaintiff's right-of-way by in-filling which increased flooding duration; interference warranted compensatory (general) damages but not punitive damages because the defendants acted with benign intent; court awarded $4,000 general damages, party-and-party costs of $9,500, allowed engineer disbursements of $17,986 and surveyor $920, and dismissed the defendants' counter-claim.
Source excerpt
The court ordered ERSS to post $120,000 security for costs, stayed the action until payment, and allowed an application to strike if security was not posted.
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