Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs?
Ontario, Canada
The following excerpt is from Scarlett v. Farrell, 2014 ONCJ 376 (CanLII):
[6] Subrule 2 (2) adds a fourth fundamental purpose for costs: to ensure that the primary objective of the rules is met – that cases are dealt with justly. This provision needs to be read in conjunction with rule 24. Subrule 2 (4) states that counsel have a positive obligation to help the court to promote the primary objective under the rules. Clauses 2 (3) (a) and (b) set out that dealing with a case justly includes ensuring that the procedure is fair to all parties and saving time and expense. Sambasivam v. Pulendrarajah, 2012 ONCJ 711 (CanLII).
[7] Subrule 24 (1) creates a presumption of costs in favour of the successful party. Consideration of success is the starting point in determining costs. Sims-Howarth v. Bilcliffe 2000 CanLII 22584 (ON SC), [2000] O.J. No. 330 (SCJ- Family Court).
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