Can a judge order a lawyer personally responsible for the payment of costs?

British Columbia, Canada


The following excerpt is from Redd's Roadhouse Restaurants Ltd. v. Randall, 2014 BCSC 2455 (CanLII):

In Nazmdeh v. Spraggs, 2010 BCCA 131, a lawyer appealed from an order holding him personally responsible for the payment of costs. In dismissing the appeal, the court observed as follows at paragraph 103: The power to make an order for costs against a lawyer personally is discretionary. As the plain meaning of the Rule and the case law indicate, the power can be exercised on the judge’s own volition, at the instigation of the client, or at the instigation of the opposing party. However, while the discretion is broad, it is, as it has always been, a power to be exercised with restraint. All cases are consistent in holding that the power, whatever its source, is to be used sparingly and only in rare or exceptional cases.

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