In what circumstances will a taxing officer award costs on column 2 of the tariff?

Saskatchewan, Canada


The following excerpt is from B.D. Appliances and Radio Lab Ltd. v. Yip (Dan and Donald) Holdings Ltd. et al., 1987 CanLII 4694 (SK QB):

In each instance, the taxing officer awarded costs on column 2 of the tariff. In his reasons for so doing, the taxing officer stated he was applying rule 549(5) which reads: “(5) Where by any judgment or order costs are directed to be paid by any party, the scale and limitation of costs shall, if no other relief than the payment of a sum of money has been claimed or obtained, be determined as against a defendant by the amount of which judgment is given and as against a plaintiff on such column of the said schedule as the court or a judge may direct.” and the dictum of Gordon, J.A., in Quinn v. Prairiedale Rural Municipality No. 321 (1960), 1960 CanLII 212 (SK CA), 31 W.W.R.(N.S.) 700, at 702: “... Under no circumstances do I think that the taxing officer should be called upon to hold an inquiry of his own to try to ascertain the ‘amount involved’ in any appeal. The record must speak for itself. If there are other circumstances which justify an increase in the costs ordinarily taxable, the learned trial judge should make a special order providing for the same.”

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