Can a judge depart from the applicable tariff on an award of costs?

Manitoba, Canada


The following excerpt is from Ducharme v. Borden, 2014 MBCA 5 (CanLII):

Although a judge enjoys wide discretion in imposing costs, that discretion must be exercised judicially (i.e., not arbitrarily or capriciously). That discretion includes the ability to depart from the applicable tariff when the judge considers an award of costs according to the tariff to be unsatisfactory. Rothstein J.A. (as he then was) explained in Consorzio Del Prosciutto Di Parma v. Maple Leaf Meats Inc., 2002 FCA 417 at para. 10, 297 N.R. 135, that the discretion to depart from the applicable tariff on an award of costs “should be prudently exercised.”

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