What is the standard of conduct of the court on a cost application?
British Columbia, Canada
The following excerpt is from Park v Donnelly, 2018 BCSC 219 (CanLII):
Cost applications should, in most cases, require the principled application of a discretion that is based on a well established and well understood legal framework: Paskall v. Scheithauer, 2014 BCCA 26, leave to appeal to SCC refused on July 17, 2014 in 2014 CarswellBC 2058. Cost applications should not, in most instances, require the court to have to engage in a further fact-finding exercise or to engage in resolving additional questions of principle. Clear and unambiguous offers to settle will, of necessity, simplify cost applications.
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