10.29: General rule for payment of litigation costs
10.33: Court considerations in making costs award

Case Summary

This Decision related to two questions put before the Court. One of the questions the Court was tasked with determining was if the Applicant was responsible to pay Costs as she had discontinued her Application. Justice Nation noted that Rule 10.29 was the general Rule for the payment of litigation Costs and that Rule 10.33 listed several factors that the Court could consider when determining Costs Awards including “(1) the conduct of any party that was unnecessary, or that unnecessarily lengthened or delayed the action; (2) a refusal to admit anything that should have been admitted; and (3) whether any application was unnecessary, improper or a mistake.” Her Ladyship created a timeline of salient facts and applied the law to those facts. Justice Nation ultimately decided not to award solicitor-client Costs against the Applicant due to the Respondent’s own contributions to the confusion on certain issues and suspicious circumstances. Instead, the Respondent was entitled to taxable Costs against the Applicant under Column 5 of Schedule C for each step taken by the Respondent relating to certain claims within a certain time period.

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