What is the jurisdiction of a court to award costs under the new "costs grid" system?
Ontario, Canada
The following excerpt is from Scherer v. Gates, 2002 CanLII 3732 (ON SC):
In Pizzey et al v. Crestwood Lake (released August 28, 2002), Justice Sills stated: Notwithstanding the introduction of the ‘costs grid’, the basic jurisdiction for a costs award by this court stems from s. 131(1) of the Courts of Justice Act. That section leaves costs in the discretion of the court even though the rules now seem to mandate the fixing of costs, giving consideration to the grid system, except in unusual circumstances.
"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
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
Can the court exercise parens patriae jurisdiction in circumstances where the legislation does not contain a provision in which the courts have jurisdiction? (Ontario, Canada)
In what circumstances will the Court of Appeal award excessive cost awards? (Ontario, Canada)
Is a court bound by reasonableness and proportionality to award a discretionary cost award? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
In what circumstances will the Court of Appeal award an elevated cost award? (Ontario, Canada)
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award? (Ontario, Canada)
When will the court award costs to a party who was more successful in settling their claim than the other party? (Ontario, Canada)
What is the test for a court to award costs in a family law matter? (Ontario, Canada)
In what circumstances will a court award costs in a case involving an unjustified or flagrant disregard for the rights of the accused? (Ontario, Canada)
