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.

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