Byers Transport Ltd. v. Kosanovich
A-333-94
Stinson T.O.
3/6/96
39 pp.
Taxation of respondent's costs for action for wrongful dismissal-Adjudicator awarding respondent compensation for lost wages, benefits and costs-Byers unsuccessful on application to set aside decision-Costs awarded against Byers on solicitorclient basis-Appeal by Byers allowed but costs before Trial Division and Appeal Division allowed on solicitor-client basis to respondent-Costs not awarded on solicitor and own client basis-If Taxing Officer accepts account prima facie as disclosed in computer logs presented in evidence, bills can be taxed as presented-Amounts presented not extraordinary-Concept of indemnification capturing extent of obligation of unsuccessful litigant to pay expense of litigation for successful opponent-Litigant not to profit by them-Costs equal fees plus disbursements-Partial indemnity effects removal of apprehension by reason of prohibitive costs, of initiating and defending lawsuits-Caps potential costs between opposing parties in litigation-Rules and Tariffs generally impose parameters of "reasonable" and "necessary" for disbursements-Party-party costs designate restricted level of costs known as partial indemnity-Solicitor-client costs include disbursements but focus on solicitor's fees-More liberal award of party-party costs removing restriction of Tariff with regard to fees-Disbursements still limited to "reasonable" and "necessary"-Solicitor and own client costs additionally include non-litigation costs-Constitute bill rendered to client by solicitor-Account between solicitor and own client exists regardless of presence of litigation-If litigation occurs and favourable judgment results, some or all may be shifted to indemnity between adversarial litigants-Unrealistic for litigants to assume solicitors can wind up every client file before taking break-Costs associated with breaks must be reasonable in circumstances-Unrealistic for litigant to expect lawyer to donate billable time in compilation and review of account-Settlement talks not necessarily advancing litigation but important variables in dispute resolution and should be allowed-No onus upon litigants to seek cheaper hourly rates-With respect to photocopies, Taxing Officers must ensure unsuccessful litigants not burdened with unnecessary or unreasonable costs and not penalize successful litigant by denial of real costs incurred-Judge decides and Taxing Officer limited to quantification of exercise of judge's discretion-Not Taxing Officer's function to award interest.