Can photocopies, faxes and research be claimed in an assessment of costs between the parties?
Ontario, Canada
The following excerpt is from Breen v. The Corporation of the Township of Lake of Bays, 2021 ONSC 1745 (CanLII):
On photocopies, faxes and research, the defendant directs the court to the decision of Mew J. in Lloyd v. Bush.10 I agree that general charges for postage, faxes and photocopies for work performed on a file are not generally recoverable in an assessment between the litigants. However, photocopies and binding for the purpose of examination for discovery and court attendances, such as pretrial and trials, I am of the view are legitimate expenses that can be claimed in an assessment of costs between litigants. These costs are incurred for the specific purposes of court proceedings and are not costs that pertain to the general work on a file. If a claim is made for these purposes, specific information on the purpose on how the amount claimed was calculated is necessary for the court to assess the reasonableness of the claimed amount.
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