Commonwealth Consolidated Regulations

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Method of calculation of costs

             (1)  The court may order that a party is entitled to costs:

                     (a)  of a specific amount;

                     (b)  as assessed on a particular basis (eg lawyer and client, party/party or indemnity);

                     (c)  to be calculated in accordance with the method stated in the order; or

                     (d)  for part of the case, or part of an amount, assessed in accordance with Schedule 3.

Example:    For paragraph (1)(c), the stated method may be in accordance with Schedule 3 but with an additional percentage for complexity.

             (2)  If costs are payable under the Act or these Rules, or the court orders that costs be paid and does not specify the method for their calculation, the costs are to be assessed on a party/party basis.

             (3)  In making an order under subrule (1), the court may consider:

                     (a)  the importance, complexity or difficulty of the issues;

                     (b)  the reasonableness of each party's behaviour in the case;

                     (c)  the rates ordinarily payable to lawyers in comparable cases;

                     (d)  whether a lawyer's conduct has been improper or unreasonable;

                     (e)  the time properly spent on the case, or in complying with pre-action procedures; and

                      (f)  expenses properly paid or payable.

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