What is the test for a judge fixing costs?

Manitoba, Canada


The following excerpt is from Bank of Nova Scotia Trust Company v. Forbes, et al., 2007 MBQB 302 (CanLII):

At p. 2-24, §202, Orkin refers to the decision in Murano v. Bank of Montreal, supra, which held that a judge fixing costs is required to examine critically the work undertaken in order to determine that the costs claimed have been reasonably incurred, taking into account the complexity and significance of the case. In the court’s view, the total amount to be awarded in a complex and protracted proceeding cannot be reasonably determined without some critical examination of the parts that comprised the proceeding, the process being akin to an assessment with the judge reviewing the factors that an assessment officer would consider. As Orkin notes, the court concluded that although the procedure for fixing costs is different from an assessment, the substantive results of the two processes are not meant to be different. SUMMARY OF POSITION OF EACH PARTY

Other Questions


What is the authority of the trial judge to order a retroactive order from the interim judge? (Manitoba, Canada)
Does the adult child have to pay a third of the cost of post-secondary education costs? (Manitoba, Canada)
Can a judge depart from the applicable tariff on an award of costs? (Manitoba, Canada)
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
Can a judge reverse an order of costs? (Manitoba, Canada)
What is the test for a judge's discretion on costs in a personal injury action? (Manitoba, Canada)
Is an executor entitled to indemnity for costs and expenses incurred by the executor in the course of the administration of the estate? (Manitoba, Canada)
What is the test for determining extraordinary school costs? (Manitoba, Canada)
In a motion for directed verdict, in what circumstances will the trial judge not have considered the evidence of Timothy? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.