Clearly parties and their lawyers will look more closely at making wasted costs applications
if ordinary costs are not available.
«Education» expenses
include ordinary costs assessed to all students, such as textbook rental, laboratory fees, and lunches, which should be paid by the custodial parent.
An award of double costs against the defendants, MacDonald and Janet MacDonald, for trial preparation, attendance at trial and written argument and an award of
ordinary costs for time spent in preparing Patriquin for testimony is very reasonable.
Increased costs will only be awarded if there is some unusual feature in the case or misconduct in addition to a significant disparity between ordinary and special costs which justifies greater indemnity than provided
by ordinary costs.»
It is increasingly necessary to provide evidence to the court as to the amount of the actual legal fees, versus
what ordinary costs would amount to, so as to persuade the court that it may be unjust if special costs or increased costs were not awarded.
Pro bono costs are just
like ordinary costs and can be claimed in civil proceedings where the successful party benefited from free legal advice or representation, whether for all or part of their case.
a. party - and - party costs, sometimes
called ordinary costs, where costs are established by «units» of costs for each stage of a proceeding, such that costs awards will ultimately fall well short of actual costs; and
The Keefes were ordered to
pay ordinary costs, but the Respondent was out of pocket for her actual legal fees: approximately $ 181,000.
Increased costs will only be awarded if there is some unusual feature in the case or misconduct which justifies greater indemnity than provided
by ordinary costs.»
When taxing special costs there is no detailed scale corresponding to the scale that applies to
ordinary costs and Appendix B. Instead those fees that the Registrar considers were properly and reasonably necessary to conduct the proceeding to which the fees relate are allowable at a special costs assessment.
In an atmosphere where
the ordinary cost of doing business escalates without a commensurate ability to raise fees, profits are, needless to say, squeezed.
We expect to get paid for our legal expertise, not for
our ordinary costs of doing business.
«The discretion to award increased costs may be exercised where the court determines that for any reason an award of
ordinary costs would lead to an unjust result.»