Is a new scale of costs under which costs are taxed retrospective or retrospective?
British Columbia, Canada
The following excerpt is from Rosling Real Estate (Nelson) Ltd. v. Robertson Hilliard Cattell Realty Co. Ltd., 2000 BCSC 3 (CanLII):
In Youdall v. Douglas, a new scale of costs came into effect before the action was completed. The Registrar taxed costs incurred before the new scale came into effect on the old scale, and taxed costs thereafter on the new scale. Bole L.J.S.C. held that the Registrar was wrong to do so, and that all of the costs should have been taxed on the new scale. At p. 343, he said: Alterations in the form of procedure are always retrospective, unless there is some good reason or other why they should not be.
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