When will a reference hearing before the master be considered for assessment of costs?
Manitoba, Canada
The following excerpt is from E.M.L. v. K.E.L., 2003 MBQB 250 (CanLII):
This court has determined in Mosset v. Mosset [2003] M.J. No. 143, that a reference hearing before the master should be considered for the purpose of assessment of costs as a trial. This determination considers the complexity of the evidence and the importance of the issues being determined. The initial question however which must be considered is who was primarily successful at the reference/trial. After such a consideration the court must direct its attention to whether the conduct of either party would merit special cost considerations.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors must be considered when assessing reasonable and probable grounds? (Manitoba, Canada)
Does the adult child have to pay a third of the cost of post-secondary education costs? (Manitoba, Canada)
Does admitting expert evidence after the conclusion of the proceeding before the Master change the nature of that hearing? (Manitoba, Canada)
What factors must be considered when assessing eyewitness identification in a sexual assault case? (Manitoba, Canada)
Does the Master have jurisdiction to hear a motion for expungement? (Manitoba, Canada)
How have courts considered the conduct of an executor/trustee in determining compensation and costs? (Manitoba, Canada)
When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension? (Manitoba, Canada)
Can an applicant argue that an arbitrator or tribunal has not explicitly considered every argument or issue raised by the parties? (Manitoba, Canada)
When will an arbitrator's decision be considered unreasonable? (Manitoba, Canada)
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
