What is the test for drawing a bill of costs for a notice of discontinuance?
British Columbia, Canada
The following excerpt is from Milkovich v. Bucan, 2010 BCSC 1582 (CanLII):
As a preliminary matter, the plaintiff argued that the bill of costs drawn by the defendant is incorrect in form and content. It is suggested that the bill should be based on the tariff in effect after July 1, 2010. I reject this argument for reasons set out in Milkovich v. Insurance Corporation of British Columbia, supra. The tariff in place when the notice of discontinuance was filed applies to the defendant’s claim for costs.
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