Costs
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| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Factors in Discretion: (1) In exercising its discretion under section 131 of the Courts of Justice Act to award costs, the court may consider, in addition to the result in the proceeding and any offer to settle or to contribute made in writing, | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Costs Against Successful Party: (2) The fact that a party is successful in a proceeding or a step in a proceeding does not prevent the court from awarding costs against the party in a proper case. | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Fixing Costs: Tariffs: (3) When the court awards costs, it shall fix them in accordance with subrule (1) and the Tariffs. | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Assessment in Exceptional Cases: (3.1) Despite subrule (3), in an exceptional case the court may refer costs for assessment under Rule 58. | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Authority of Court: (4) Nothing in this rule or rules 57.02 to 57.07 affects the authority of the court under section 131 of the Courts of Justice Act, | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Bill of Costs: (5) After a trial, the hearing of a motion that disposes of a proceeding or the hearing of an application, a party who is awarded costs shall serve a bill of costs (Form 57A) on the other parties and shall file it, with proof of service. | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Costs Outline: (6) Unless the parties have agreed on the costs that it would be appropriate to award for a step in a proceeding, every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length. | |
| Rule 57.01 | COSTS OF PROCEEDINGS; GENERAL PRINCIPLES; Process for Fixing Costs: (7) The court shall devise and adopt the simplest, least expensive and most expeditious process for fixing costs and, without limiting the generality of the foregoing, costs may be fixed after receiving written submissions, without the attendance of the parties. | |
| Rule 57.03 | COSTS OF PROCEEDINGS; COSTS OF A MOTION; Contested Motion: (1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall, | |
| Rule 57.03 | COSTS OF PROCEEDINGS; COSTS OF A MOTION; Motion Without Notice: (3) On a motion made without notice, there shall be no costs to any party, unless the court orders otherwise. | |
| Rule 57.04 | COSTS ON SETTLEMENT: Where a proceeding is settled on the basis that a party shall pay or recover costs and the amount of costs is not included in or determined by the settlement, the costs may be assessed under Rule 58 on the filing of a copy of the minutes of settlement in the office of the assessment officer. | |
| Rule 57.07 | LIABILITY OF LAWYER FOR COSTS: (1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default, the court may make an order, | |
| Rule 58.01 | ASSESSMENT OF COSTS; GENERAL: Where a rule or order provides that a party is entitled to the costs of all or part of a proceeding and the costs have not been fixed by the court, they shall be assessed in accordance with rules 58.02 to 58.12. | |
| Rule 58.02 | WHO MAY ASSESS COSTS; General Rule: (1) Costs shall be assessed by an assessment officer, subject to subrule (2), in the place where the proceeding was commenced or heard or in a county agreed on by the parties. | |
| Rule 58.02 | WHO MAY ASSESS COSTS; Reference: (2) The costs of a reference may be assessed by an assessment officer or by the referee, and for the purposes of rules 58.03 to 58.12, the referee shall be deemed to be an assessment officer. | |
| RULE 58.05 | ASSESSMENT IN ACCORDANCE WITH TARIFFS; Generally: (1) If costs are to be assessed, the assessment officer shall assess and allow, | |
| RULE 58.05 | ASSESSMENT IN ACCORDANCE WITH TARIFFS; Students-at-Law and Law Clerks: (2) No other fees, disbursements or charges shall be assessed or allowed unless the court orders otherwise. | |
| RULE 58.05 | ASSESSMENT IN ACCORDANCE WITH TARIFFS; Disbursements: (3) No disbursements other than fees paid to the court shall be assessed or allowed unless it is established by affidavit or by the lawyer appearing on the assessment that the disbursement was made or that the party is liable for it. | |
| RULE 58.06 | FACTORS TO BE CONSIDERED ON ASSESSMENT: (1) In assessing costs the assessment officer may consider, | |
| RULE 58.09 | CERTIFICATE OF ASSESSMENT: On the assessment of costs, the assessment officer shall set out in a certificate of assessment of costs (Form 58C) the amount of costs assessed and allowed. | |
| RULE 58.10 | OBJECTIONS TO ASSESSMENT: (1) On request, the assessment officer shall withhold the certificate for seven days or such other time as he or she directs, in order to allow a party who is dissatisfied with the decision of the assessment officer to serve objections on every other interested party and file them with the assessment officer, specifying concisely the grounds for the objections. | |
| RULE 58.11 | APPEAL FROM ASSESSMENT: The time for and the procedure on an appeal under clause 6 (1) (c) or 17 (b) or subsection 90 (4) of the Courts of Justice Act from a certificate of an assessment officer on an issue in respect of which an objection was served is governed by rule 62.01. | |
| RULE 49.02 | OFFER TO SETTLE; WHERE AVAILABLE: (1) A party to a proceeding may serve on any other party an offer to settle any one or more of the claims in the proceeding on the terms specified in the offer to settle (Form 49A). | |
| RULE 49.03 | OFFER TO SETTLE; TIME FOR MAKING OFFER: An offer to settle may be made at any time, but where the offer to settle is made less than seven days before the hearing commences, the costs consequences referred to in rule 49.10 do not apply. | |
| RULE 49.04 | OFFER TO SETTLE; WITHDRAWAL OR EXPIRY OF OFFER;Withdrawal: (1) An offer to settle may be withdrawn at any time before it is accepted by serving written notice of withdrawal of the offer on the party to whom the offer was made. | |
| RULE 49.04 | OFFER TO SETTLE; WITHDRAWAL OR EXPIRY OF OFFER; Offer Expiring after Limited Time: (3) Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, it shall be deemed to have been withdrawn when the time expires. | |
| RULE 49.05 | OFFER TO SETTLE; EFFECT OF OFFER: An offer to settle shall be deemed to be an offer of compromise made without prejudice. | |
| RULE 49.07 | OFFER TO SETTLE; ACCEPTANCE OF OFFER; Generally: (1) An offer to settle may be accepted by serving an acceptance of offer (Form 49C) on the party who made the offer, at any time before it is withdrawn or the court disposes of the claim in respect of which it is made. | |
| RULE 49.07 | OFFER TO SETTLE; ACCEPTANCE OF OFFER; Costs: (5) Where an accepted offer to settle does not provide for the disposition of costs, the plaintiff is entitled, | |
| RULE 49.07 | OFFER TO SETTLE; ACCEPTANCE OF OFFER; Incorporating into Judgment: (6) Where an offer is accepted, the court may incorporate any of its terms into a judgment. | |
| RULE 49.09 | OFFER TO SETTLE; FAILURE TO COMPLY WITH ACCEPTED OFFER: Where a party to an accepted offer to settle fails to comply with the terms of the offer, the other party may, | |
| RULE 49.10 | OFFER TO SETTLE; COSTS CONSEQUENCES OF FAILURE TO ACCEPT; | |
| RULE 49.10 | OFFER TO SETTLE; COSTS CONSEQUENCES OF FAILURE TO ACCEPT; |
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