What are the principles of the court when dealing with costs of motions?

British Columbia, Canada


The following excerpt is from Araya v. Nevsun Resources Ltd., 2017 BCSC 336 (CanLII):

In Martel v. Wallace, 2008 BCSC 436, [Martel], Justice Chamberlist examined those circumstances where the court has departed from the general rule, and in doing so summarized at para 28 the “principles that courts have recognized” when dealing with costs of motions: (1) Costs in the cause serve generally to maintain the balance that should be preserved between litigants until final judgment is rendered; (2) It is preferable to have only a single assessment of costs, at which time all aspects of the litigation may be considered by the assessing officer; (3) However, if the circumstances warrant, the court may order that costs be payable forthwith in any event of the cause in order to control its own process. For example, the court may make the order to deter unnecessary or unreasonable conduct in the proceedings; (4) Costs may also be payable forthwith if it is unlikely that the matter will proceed to trial, or if the motion deals with a discrete issue that is severable from the remaining claims; and (5) In making such an order, the court must remember that the order may prevent or hinder a meritorious claim from proceeding.

Other Questions


What principles guide the court when determining whether to award double costs? (British Columbia, Canada)
Is a court bound by the principles of law to award costs in a personal injury action? (Nova Scotia, Canada)
What are the principles governing the exercise of the court’s when dealing with support pending trial? (Ontario, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What is the jurisdiction of a court to award costs under the new "costs grid" system? (Ontario, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
How has the court determined costs in a family court case? (Ontario, Canada)
In what circumstances will the BC Supreme Court order special costs for a contractor who fails to pay the costs of a construction project? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)