EVANS v THE SPORTS CORPORATION

This Application dealt with an Award of Costs following Trial. Graesser J. stated that “Costs are governed generally by Rule 10.29 and in more detail by R. 10.33”. The Court determined that there are no significant differences between the old Rules and the new Rules in relation to Costs. The Court’s powers and the parties’ entitlement to Costs have not changed as a result of the new Rules. Graesser J. awarded Costs to the successful Defendant/Plaintiff by Counterclaim, but refused to award an increase to the tariff amounts. Graesser J. added that Solicitor and Client Costs are routinely sought after Trial, often without any proper basis or foundation. This could result in a Trial after the Trial consisting of a review of every step in the Action looking for misconduct. This potential outcome is contrary to Rule 1.2 relating to proportionality, economy and efficiency.