10.30: When costs award may be made
10.31: Court-ordered costs award
10.33: Court considerations in making costs award
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

The parties in divorce proceedings attended a binding JDR and subsequently applied to the Court to determine Costs. Ms. Grisbrook sought solicitor and client Costs for the JDR proceeding. Macleod J. noted that Rule 10.31(2)(c) sets out that reasonable and proper Costs do not include Costs related to a JDR, unless a party engages in serious misconduct during the JDR. Macleod J. observed that the Court had a general policy of not awarding Costs to either party when they participate in JDR because “a JDR benefits both parties and if it succeeds, both parties have succeeded with respect to the JDR”.

Costs were awarded to Ms. Grisbrook for a contested Application that was eventually resolved by way of a Consent Order. Mr. Grisbrook argued that Consent Orders should not attract Costs, but Justice Macleod noted that Rule 10.30 contemplates Costs for applications which are settled. Macleod J. held that this matter was “hard fought” and ordered Costs based on Column 5. Considering the factors in Rule 10.33, Ms. Grisbrook was entitled to enhanced Costs and the Court awarded her double the amounts on the Bill of Costs and the contested Application. Disbursements and other charges were also awarded.

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