Can an appeal from a Registrar’s decision that involves an exercise of discretion in assessing costs be successful?
British Columbia, Canada
The following excerpt is from Waters v Michie, 2018 BCSC 1206 (CanLII):
The assessment of costs is discretionary and fact-specific. Appeals from a Registrar’s decision that involve an exercise of discretion should not be entertained unless the Registrar erred in principle or the decision was “clearly wrong”: Wright v. Sun Life Assurance Company of Canada, 2015 BCCA 312 at para. 10. This deferential standard recognizes the Registrar’s expertise in specialized matters, particularly the assessment of costs.
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