Is there an allowance for counsel fees related to mediation fees under Section 34 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from B.L.L. v R.N.L., 2005 BCSC 945 (CanLII):
Before July 1st, 2002, item 34 did not include an allowance for counsel fees related to mediation. The Master in Burton v. Williams was, nonetheless, prepared to allow mediation fees under item 34. Perhaps in answer to this case and the increasing use of mediation, item 34 now specifically refers to mediation as a process of settlement.
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