What is the effect of a certificate of the taxing officer setting aside costs in a counterclaim?

British Columbia, Canada


The following excerpt is from Shillelagh Cabarets Ltd. v. Celona, 1980 CanLII 595 (BC SC):

This order was appealed to the Ontario High Court of Justice and Donnelly J. heard the appeal. Donnelly J. stated at p. 236: "In this action, costs were allowed to the plaintiff on the counterclaim which was dismissed, the plaintiff having succeeded on his claim with costs. Before allowing costs in this counterclaim, I expressed the opinion that the costs of a counterclaim would be limited to the amount by which the costs were increased as a result of the counterclaim. The learned taxing officer considered that he should not apply this rule on the taxation of the costs of the counterclaim and held that Simpson v. McGee [supra] did not apply. In my view the rule should have been followed and the cost of this counterclaim taxed on the basis of the judgment in Simpson v. McGee not withstanding that success was not divided. The certificate of the taxing officer will be set aside and the bill of costs referred back to him to be taxed as outlined in Simpson v. McGee."

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