Read j

10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

The parties disputed four issues of interest and Costs arising from prior Reasons for Judgment. One of the issues in dispute was whether the Plaintiff’s Expert’s Costs should be reduced. The Plaintiff’s Expert was not called as a witness at the Trial by agreement, but the Expert’s Report was made an Exhibit and the Court used it in reaching its conclusions. Read J. considered Rule 10.31 and the factors in Rule 10.33 in determining whether reimbursement for the Expert’s fees was reasonable and proper. Read J. stated that the time to assess the reasonableness of obtaining an Expert’s opinion is at the time the expense was incurred. On that basis, there was little doubt that the retainer for the expert was reasonable. Notwithstanding that the Expert’s Report was helpful to the Court, the cost of the opinion seemed disproportionate to the complexity of the legal issue and the factual nature of Action. As well, the opinion took too long to obtain and delayed the Trial preparation. Justice Read ordered payment of the Expert’s costs but concluded that the cost of the Expert’s Report should be reduced.

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