In what circumstances will a court order a bill of costs in which item 36 of the tariff is sought?
British Columbia, Canada
The following excerpt is from Schubert v. Knorr and Jones, 2009 BCSC 14 (CanLII):
In Allen v. Homan, Master Chamberlist as he then was, had before him a bill of costs in which item 36 of the tariff was sought. Counsel for the plaintiff, during the litigation, had moved from Prince George to Kelowna. Counsel continued to act for the plaintiff. Master Chamberlist concluded at ¶32:
I therefore conclude from a review of the case law that the extravagance of retaining out-of-town counsel when competent local counsel are available should be viewed as being expenses or costs that should not be borne by the unsuccessful litigant but there may be circumstances, as the court found in Moore v. Dhillon, where the retention of out-of-town counsel should be a cost to which the successful party is appropriately indemnified.
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