Is there discretion to award costs beyond the limits in the Fast Track Rule?
British Columbia, Canada
The following excerpt is from Pete Walry Construction Ltd. v. Canadian Adventure Company Holdings Ltd., 2017 BCSC 595 (CanLII):
In Majewska v. Partyka, 2010 BCCA 236, Neilson J.A. recognized there is discretion to award costs beyond the limits in the Fast Track rule. Where such an award is justified, costs are to be calculated using the Fast Track costs limits as a point of reference, not the usual tariff: para. 29.
In Peacock v. Battel, 2013 BCSC 1902, Mr. Justice Affleck discussed circumstances where it would be open to a court to exercise its discretion to award costs beyond the Fast Track rule limits:
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