Can a judge depart from the applicable tariff on an award of costs?
Manitoba, Canada
The following excerpt is from Ducharme v. Borden, 2014 MBCA 5 (CanLII):
Although a judge enjoys wide discretion in imposing costs, that discretion must be exercised judicially (i.e., not arbitrarily or capriciously). That discretion includes the ability to depart from the applicable tariff when the judge considers an award of costs according to the tariff to be unsatisfactory. Rothstein J.A. (as he then was) explained in Consorzio Del Prosciutto Di Parma v. Maple Leaf Meats Inc., 2002 FCA 417 at para. 10, 297 N.R. 135, that the discretion to depart from the applicable tariff on an award of costs “should be prudently exercised.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
Does the awarding of costs of a motion be a matter for the court or the appellate court? (Manitoba, Canada)
Can a learned justice award costs against a self represented attorney in a personal injury action? (Manitoba, Canada)
What is the test for a judge fixing costs? (Manitoba, Canada)
Can a judge reverse an order of costs? (Manitoba, Canada)
When will an application be dismissed because the applicant failed to disclose sufficient particulars about her financial situation? (Manitoba, Canada)
What is the standard of appellate review applicable to all factual conclusions of a trial judge? (Manitoba, Canada)
Does the adult child have to pay a third of the cost of post-secondary education costs? (Manitoba, Canada)
What is the test for a judge's discretion on costs in a personal injury action? (Manitoba, Canada)
Can self-represented lay litigants be awarded costs in a personal injury case? (Manitoba, Canada)
