What is the test for making an order for costs deviating from the Schedule 4 tariff?
British Columbia, Canada
The following excerpt is from Law Society of British Columbia v Ahuja, 2021 LSBC 44 (CanLII):
In Law Society of BC v. Straith, 2020 LSBC 11, the panel cited Law Society of BC v. Racette, 2006 LSBC 29 for the following factors to be used when assessing whether it is reasonable to make an order for costs deviating from the Schedule 4 tariff: (a) the seriousness of the offence; (b) the financial circumstances of the respondent; (c) the total effect of the penalty, including possible fines and/or suspensions; and (d) the extent to which the conduct of the parties has resulted in costs accumulating or, conversely, being saved.
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