|
Costs Grid Consultation Paper
The Civil Rules Committee has approved in principle the adoption of
a new scheme for awarding costs based on a "grid system." This
consultation paper describes the scheme and invites comments from the
bench, the bar, and the public.
Summary of the Cost Grid Scheme
Under the proposed grid system, a judge will fix costs at the end of
a hearing while retaining the right to order an assessment in exceptional
cases. The judge's award of costs will be based on a grid that sets out
hourly rates. This cost grid replaces Part A of the Tariff of Costs.
The grid provides rates for both party and party costs, which will now
be known as "partial indemnity" costs and solicitor and client
costs, which will now be known as "substantial indemnity costs."
The rates set out in the grid will apply to all steps in the proceeding.
At the end of a hearing of a trial or application, the successful litigant
will submit a "running Bill of Costs" with information about
the hours expended by the lawyers involved in the case.
The grid will also be used for interlocutory motions, and the presumptive
rule is that costs of a motion are payable forthwith. A "running
Bill of Costs" is not required for interlocutory motions, although
the parties may decide to provide one.
If the judge exercised his or her discretion to order an assessment
of costs by an assessment officer, the assessment will be based on the
grid.
The Rules
of Civil Procedure will provide a cost grid that
will apply in the absence of any regional costs grid. (Regional bench
and bar committees may apply to the Civil Rules Committee for the
enactment of a costs grid for their region.)
Rule Amendments to Implement the Cost Grid Scheme
Several rules must be amended to implement the cost grid scheme. The
major rule changes are noted below. The changes to the Rules are
noted by underlining or striking over the text.
1.03 In these rules, unless the context requires otherwise,
"partial indemnity costs" mean costs awarded under the partial
indemnity scale of a cost grid established by Part I of Tariff A and "on
a partial indemnity basis" has a corresponding meaning;
"substantial indemnity costs" mean costs awarded under the
substantial indemnity scale of a cost grid established by Part I of Tariff
A and "on a substantial indemnity basis" has a corresponding
meaning;
1.04 (4) If a statute, regulation or other document refers to party
and party costs, these rules apply as if the reference were to partial
indemnity costs.
"Solicitor and Client Costs"
1.04 (5) If a statute, regulation or other document refers to solicitor
and client costs, these rules apply as if the reference were to substantial
indemnity costs.
Note: The words "party and party" appear in subrules 39.02
(4)(b), 49.10 (1), and 49.10 (2), and these rules will amended to refer
to "on a partial indemnity basis." The words "solicitor
and client"
appear in subrules 20.06 (1), 20.06 (2), 34.02 (3), 37.03 (5), 49.10(1),
57.01 (4), 69.24 (6.6), 76.03 (5), 76.10 (5), 76.10 (6), and 77.10 (1),
and in Form 14B. The form and these rules will be amended to refer to
"on a substantial indemnity basis." Form 14B will be amended
in paragraph 1 (e) under the heading CLAIM to read: "(on a substantial
indemnity basis if the mortgage so provides, or if it provides for
costs on a solicitor and client basis)".
57.01 (3) When the court awards costs, it shall fix them in accordance
with the Tariffs and any cost grid.
Assessment in Exceptional Cases
(3.1) Despite subrule (3), in an exceptional case the court
may refer costs for assessment under Rule 58.
57.01 (5) After a trial or the hearing of an application, a
party who seeks an award of costs shall serve a bill of costs on the
other parties and shall file it, with proof of service, at the hearing
at which the costs are to be fixed or assessed.
(6) The bill of costs shall contain,
(a) a statement of the amounts claimed for fees and disbursements;
(b) a statement of the years of experience in practice of each lawyer
with respect to whom a claim for fees is being made;
(c) in connection with the claim for fees, copies of the dockets;
and
(d) in connection with the claim for disbursements, copies
of the invoices.
57.03 (1) Where, On the hearing of a contested motion, the
court is satisfied that the motion ought not to have been made or opposed,
as the case may be, unless the court is satisfied that a different
order would be more just, the court shall,
(a) fix the costs of the motion and order them to be paid forthwith;
or
(b) order the costs of the motion to be paid forthwith after assessment in
an exceptional case, refer the costs of the motion for assessment
under Rule 58 and order them to be paid forthwith after assessment.
Assessment in Accordance With Tariffs and Cost Grid
Generally
58.05 (1) Where party and party If costs are to be assessed,
the assessment officer shall assess and allow,
(a) solicitors' lawyer's fees and disbursements in accordance
with the Tariffs and any cost grid; and
(b) disbursements for fees paid to the court, a court reporter, an
official examiner or a sheriff under the regulations under the Administration
of Justice Act.
(2) and no No other fees, disbursements or charges shall
be assessed or allowed unless the court orders otherwise.
Students-at-law and law clerks
58.05 (2) Where students-at-law or law clerks have rendered services
of a nature that the Law Society of Upper Canada authorizes them to render,
the fees for those services shall be assessed and allowed at one-half
the amount that would have been allowed under the Tariffs.
Note: The former subrule 58.05 (2) is replaced by a note in the Tariff.
Certificate of Assessment
58.09 On the assessment of party and party costs, the assessment
officer shall set out in a certificate of assessment of costs (Form 58C)
the amount of costs assessed and allowed.
Tariff A
Solicitors's Fees and Disbursements Allowable Under Rule
58.05
Part I - Cost Grid
In the absence of a cost grid made to apply to a particular judicial
region, the following cost grid shall apply.
Where students-at-law or law clerks have rendered services of a nature
that the Law Society of Upper Canada authorizes them to render, the fees
for those services may be assessed and allowed under this Tariff.
1. Fees
other than Counsel Fee |
Hourly rates
for pleadings, mediation under Rule 24.1, financial statements,
discovery of documents, drawing and settling issues on special
case, setting down for trial, pre-motion conference, examination
for discovery, pre-trial conference, settlement conference, notice
or offer, preparation for hearing, attendance at assignment court,
order, issuing or renewing a writ of execution or notice of garnishment,
seizure under writ of execution, seizure and sale under writ of
execution or under notice of garnishment, or for any other procedure
authorized by the Rules
of Civil Procedure save for counsel
fee on motions, applications, trials, references, and appeals. |
|
Partial Indemnity Scale |
Substantial
Indemnity Scale |
Law Clerks |
Up to $50.00 per hour |
Up to $75.00 per
hour |
Student-at-law |
Up to $40.00 per hour |
Up to $55.00 per
hour |
Lawyer (1- 5 years) |
Up to $80.00 per hour |
Up to $120.00 per
hour |
Lawyer (6-10 years) |
Up to $110.00 per hour |
Up to $150.00 per
hour |
Lawyer (11-15 years) |
Up to $130.00 per hour |
Up to $175.00 per
hour |
Lawyer (16-20 years) |
Up to $150.00 per hour |
Up to $200.00 per
hour |
Lawyer (more
than 20 years) |
Up to $175.00 per
hour |
Up to $275.00 per hour |
2. Counsel
Fee - Simple Motion or Application |
|
Partial Indemnity Scale |
Substantial
Indemnity Scale |
0.25 hours |
Up to $150.00 |
Up to $300.00 |
1.00 hours |
Up to $300.00 |
Up to $800.00 |
2.00 hours
(half day) |
Up to $750.00 |
Up to $1,000.00 |
3. Counsel
Fee - Difficult Motion or Application |
|
Partial Indemnity Scale |
Substantial
Indemnity Scale |
1.00 hours |
Up to $600.00 |
Up to $1,000.00 |
2.00 hours (half day) |
Up to $900.00 |
Up to $1,800.00 |
1 day |
Up to $1,500.00 |
Up to $2,500.00 |
4. Counsel
Fee - Trial or Reference |
|
Partial Indemnity Scale |
Substantial
Indemnity Scale |
Half Day |
Up to $1,000.00 |
Up to $1,500.00 |
Day |
Up to $1,800.00 |
Up to $2,700.00 |
Week |
Up to $8,500.00 |
Up to $12,800.00 |
5. Counsel
Fee - Appeal |
|
Partial Indemnity Scale |
Substantial
Indemnity Scale |
1.00 hours |
up to $600.00 |
up to $1,000.00 |
2.00 hours (half day) |
up to $900.00 |
up to $1,800.00 |
1 day |
up to $1,500.00 |
up to $2,500.0 |
Form 58C
Certificate of Assessment of Costs
(General Heading)
Certificate of Assessment of Costs
I certify that I have assessed the party and party costs
of (identify party) in this proceeding . . . .
|