The Defendants appealed from a Chambers Judge’s Decision allowing an Order which awarded interpreters’ fees incurred before a Statement of Claim was filed. An Assessment Officer had allowed the fees. The Assessment was appealed to the Court of Queen’s Bench, and a Chambers Judge dismissed the Appeal. The Defendants appealed to the Court of Appeal.

The Court of Appeal noted that most cases decided under prior Rule 600 concluded that pre-commencement disbursements were not recoverable. However, the wording of the new Rules is very different. Rule 10.31 permits a Court of Queen’s Bench Judge to award reasonable and proper Costs that a party incurred to file an Application or commence proceedings. For added clarity, Rule 10.31(2)(a) states that this includes “reasonable and proper costs that a party incurred to bring an action”. The Court further noted that Rule 10.41 grants an Assessment Officer jurisdiction to “determine whether the costs that a party incurred to file an application or take proceedings are reasonable and proper costs”. Rule 10.41(2)(a) further clarifies that “costs of a party under subrule (1) include the reasonable and proper costs that a party incurred to bring an action”.

The Court held that the pre-commencement interpreters’ fees were reasonable and proper Costs as contemplated by Rules 10.31 and 10.41. The Appeal was dismissed and the Court awarded the Respondents their Costs in accordance with Rule 14.88.