What is the test for requiring an unsuccessful party to pay any other reasonable charges or expenses?
British Columbia, Canada
The following excerpt is from Klondike Contracting Corporation v. Abadian, 2021 BCPC 173 (CanLII):
In requiring an unsuccessful party to pay “any other reasonable charges or expenses”, this would typically include such expenses as experts’ fees. In Kelly v. Lam 2006 BCPC 98, agents’ fees were allowed but mileage costs were not. I agree with the principle that mileage costs should rarely if ever be allowed. The citizens of British Columbia are fortunate to have small claims courts to resolve their disputes in a just and civil forum. The litigant’s cost of attending and of getting to and from court are a small price to pay for living in a society which has this benefit. Exceptions may arise, such as where a litigant of modest means is required to travel a distance to defend a frivolous claim and avoid a default judgement. Generally speaking however, mileage costs should not be routinely allowed.
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