VLM v DOMINEY

The Applicant sought a ruling on Costs following a successful certification Application. The dispute was solely as to quantum. The Applicant sought an amount equivalent to 40-50% of actual legal fees, relying on the factors for Costs outlined in Rule 10.33. The Court held that that 40-50% Costs are not the standard, and that a Judge has considerable discretion in setting “reasonable and proper costs” under Rule 10.31. Justice Henderson also considered the factors outlined in Rule 10.33(1). Henderson J. was unable to conclude that a percentage of time recorded by counsel was an appropriate measure of Costs and instead ordered Costs under Schedule C of the Rules.