The successful Defendant sought increased Costs beyond the Tariff of Recoverable Fees. The Court stated that there is no mandatory Rule of Court or mandatory principle of law on point, but there are a number of well-settled grounds for going above the usual level of costs, including:

1.      The successful party’s award exceeded the amount of the Offer to Settle (even an informal Calderbank offer), which occurred in this case.

2.      The losing party raised entirely different grounds on Appeal than were raised at the Court of Queen’s Bench. That occurred in these proceedings.

3.      The losing party made representations of fact to the Chambers Judge not properly in evidence. The Court found that such representations occurred here.

4.      The losing party made allegations of misconduct without adequate foundation. In this case, fraudulent conveyances or concealment of assets were repeatedly asserted without proper evidence.

The Court exercised its discretion to award increased Costs.