Introduction
The Rules of Court provide that a successful party in litigation
is entitled to its costs (Rule 10.29(1)(a)). In the absence of
litigation misconduct, allegations of fraud, or a contractual
entitlement, the Court often turns to Schedule C to assess the
quantum of those costs. However, the Court always retains
discretion (pursuant to the Judicature Act and Rule 10.31)
to award reasonable and proper costs taking into account the
circumstances of the case.
Prior to the wholesale amendment of the Rules of Court in 2010,
some debate was stirring about whether the tariff amounts set out
in Schedule C (which was adopted in 1998) were out of date.
However, when Schedule C was incorporated, virtually as-is, into
the new Rules in 2010, that debate was quieted (on the
understanding that the legislature had the opportunity to update
Schedule C but declined to do so).
