The court
awarded costs personally against the trustee in bankruptcy at scale 4.
In Oasis, the court invoked inherent jurisdiction to
award costs personally against the principal of an insolvent company.
Gavin MacKenzie, of MacKenzie Barristers, says that, historically, courts have been extremely cautious in
awarding costs personally against lawyers because of their duties to bring forward even unpopular cases.
The Young decision also confirms that courts must be extremely cautious in
awarding costs personally against a lawyer, as lawyers are often retained to bring forward unpopular causes.
In Young, the Supreme Court of Canada establishes the governing principles for when a court may
award costs personally against a lawyer.
In June of this year, the Ontario Court of Appeal released an important decision clarifying the circumstances in which a court will
award costs personally against a lawyer.
Not exact matches
I
personally would use the card to pay for
award ticket taxes, hotels, and any other travel
costs that would otherwise take money out of my pocket for this hobby.
[63] I am ordering that E.F. Anthony Merchant, Q.C. be
personally liable for the foregoing
awards of
costs, payable forthwith.
S046956, November 19, 1998, Madam Justice Martinson ratified her previous
award of special
costs to an estate beneficiary, by making those
costs payable by the executor
personally, rather than by the estate.
This is really the heart of the problem in Scotland that there must be an affordable scheme to allow claimants to litigate without the risk of
personally sustaining an
award of
costs if the case is unsuccessful.
Mr. Justice Weatherill
awarded multiple Defendants
costs and further ordered that the Plaintiff's lawyer
personally pay these.
The courts» power to
award costs against a lawyer
personally is not limited to civil proceedings, but criminal also, and can sometimes be exercised against defence lawyers, though rare.
The Court of Appeal set aside1 a trial court order
awarding costs to the Township of Russell against a solicitor
personally, pursuant to Rule 57.07 of the Rules of Civil Procedure.
«The court nevertheless recognizes that
costs must not be
awarded against lawyers
personally merely because they assert claims or defences that are weak or unmeritorious,» says MacKenzie, who was not involved in the Sawridge matter.
Justice Metivier
awarded the Township
costs of $ 180,000.00 (the «Costs Award») and ordered that, pursuant to rule 57.07 (1) of the Rules of Civil Procedure, 4 Mr. Bickley was personally responsible for 40 percent of the Costs Award on a joint and several basis with his cl
costs of $ 180,000.00 (the «
Costs Award») and ordered that, pursuant to rule 57.07 (1) of the Rules of Civil Procedure, 4 Mr. Bickley was personally responsible for 40 percent of the Costs Award on a joint and several basis with his cl
Costs Award») and ordered that, pursuant to rule 57.07 (1) of the Rules of Civil Procedure, 4 Mr. Bickley was
personally responsible for 40 percent of the
Costs Award on a joint and several basis with his cl
Costs Award on a joint and several basis with his client.
It can be seen from the Court of Appeal's decision in Galganov that courts should be reluctant to
award costs against lawyers
personally.
Justice Boyle of the Tax Court has asked Sumner to explain why
costs should not be
awarded against Sumner
personally.
[1] This appeal concerns the scope of the courts» power to
award costs [1] against a lawyer
personally in a criminal proceeding.
The Anglo - Canadian legal system has long recognized the possibility of
awards of
costs in civil cases being made against counsel
personally, though only for egregious misconduct of the case.
Conversely, a
cost award assessed against the lawyer
personally is unfair if the delay is the client's fault, but the lawyer can not say so because of solicitor - client privilege.
The Court of Appeal also opened up the possibility of altering the previous
cost award, which imposed
costs of $ 96,000 on the directors
personally for the previous contempt motion.