5030972
Description
Flashcards by djcoda2000, updated more than 1 year ago
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Created by djcoda2000
about 8 years ago
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| Question | Answer |
| When are cost awarded? | They are usually awarded as ordinary cost. Under Rule 14-1(1) cost are payable as ordinary costs, unless the circumstances in Rule 14-1(1)(a) to (f) exist. Ordinary cost are assessed in accordance with Appendix B of the SCCR. |
| Scale of cost | Each of these scales fixes a dollar value per unit upon which the items in the tariff are assessed: A is $60 per unit, B is $110 per unit and C is $170 per unit. Scale A is to be used for matters of “little or less than ordinary difficulty: and Scale C is for matters of “more than ordinary” difficulty. In the absence of a court order or agreement otherwise, scale B applies. Scale B is for matters of ordinary difficulty. When fixing the scale, the court may take into account the following: a) the difficulty of the issue of law or fact; b) the importance of the question to a class or body of persons; and c) whether the decision effectively determines the issues between the parties (beyond the relief actually granted or denied) |
| If there is no consent | The party seeking a costs assessment must obtain an appointment from the registrar in Form 49 and serve a copy of the appointment, together with the bill of cost and any affidavit in support, to the party against whom the costs are to be assessed and to every other person whose interest may be affected. The lawyer must give at least five days notice. |
| When a party is dissatisfied with the decision of the registrar on an assessment | The dissatisfied party may apply to the court for a review of the assessment within 14 days after the registrar has certified the costs. |
| Interest on Cost | Post-judgment interest is payable on costs from the date of the judgment no matter when the Bill of Costs is presented or assessed. |
| Certificate of Cost | The costs assessed against the unsuccessful party will be the total of the fees and disbursements, including applicable taxes. This amount should be set out in a certificate of costs to be signed by the registrar on the conclusion of the assessment. The certificate may be endorsed on the original bill of costs, or may be a separate certificate in Form 64. The party assessing costs is under an obligation to file the certificate after the conclusion of the assessment. |
| What is the Default Scale of Cost | The default is Scale B $110 of ordinary difficulty. Scale A $60 is little or less than ordinary difficulty and, Scale C $170 is more than ordinary difficulty. |
| How are days assessed in the Tariff Scale? | - Half day = 0-2 1/2 hours - Over 2 1/2 - 5hrs = 1day - 5+hrs, x1.5 or add 50% |
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