What are the principles of solicitor and client costs?

Saskatchewan, Canada


The following excerpt is from Goodtrack v The Rural Municipality of Waverley No 44, 2013 SKCA 137 (CanLII):

This Court, in Siemens v. Bawolin at para. 118 outlined the principles to be followed regarding solicitor-client costs: 118 These are the principles, relevant to this appeal, which I take from my review of the above authorities: 1. solicitor and client costs are awarded in rare and exceptional cases only; 2. solicitor and client costs are awarded in cases where the conduct of the party against whom they are sought is described variously as scandalous, outrageous or reprehensible; 3. solicitor and client costs are not generally awarded as a reaction to the conduct giving rise to the litigation, but are intended to censure behaviour related to the litigation alone; 4. notwithstanding point 3, solicitor and client costs may be awarded in exceptional cases to provide the other party complete indemnification for costs reasonably incurred.

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