What is the effect of the Appendix B amendment to the Rules of Civil Procedure and Procedure to the Court of Appeal on costs?
British Columbia, Canada
The following excerpt is from McPhee v. HMTQ re costs, 2007 BCSC 1354 (CanLII):
Three recent decisions of this court have considered the Appendix B amendment of January 1, 2007. In Gallant v. Gallant, [2007] B.C.J. No. 1379, BCSC 851, judgment was reserved on October 6, 2006 and reasons for judgment were handed down on January 31, 2007. After hearing submissions on costs based on a number of arguments, the trial judge held that the matter fell to be decided on the ground that awarding costs on the new scale would impose an unjust penalty on the defendant. Costs were ordered under Scale 4 of the former provision.
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