What are the general principles applicable in the law of common law?

Yukon, Canada


The following excerpt is from Directional Mining & Drilling Ltd. v. City of Whitehorse et al, 2010 YKSC 52 (CanLII):

In the case of Martel v. Wallace, 2008 BCSC 436, Chamberlist J. provided a very helpful review of the general principles applicable in the case before me.

They are set out at para. 28 of Martel v. Wallace as follows: (1) Costs in the cause serve generally to maintain the balance that should be preserved between litigants until final judgment is rendered; (2) It is preferable to have only a single assessment of costs, at which time all aspects of the litigation may be considered by the assessing officer; (3) However, if the circumstances warrant, the court may order that costs be payable forthwith in any event of the cause in order to control its own process. For example, the court may make the order to deter unnecessary or unreasonable conduct in the proceedings; (4) Costs may also be payable forthwith if it is unlikely that the matter will proceed to trial, or if the motion deals with a discrete issue that is severable from the remaining claims; and (5) In making such an order, the court must remember that the order may prevent or hinder a meritorious claim from proceeding.

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