Federal Court Notice — Costs
Litigants should be prepared to address the issue of costs of interlocutory steps at the time of hearing, and not after, according to a new Notice from the Federal Court of Canada.
Following the Notice, parties and their lawyers should consult on the disposition and quantum of costs before going into a hearing. If there’s no agreement, then they should be prepared to make submissions (e.g. hand up a costs outline) at the hearing.
The Court is discouraging the former practice of waiting for a written decision, and then asking for costs to be taxed (assessed) by a Court official. Parties are more likely to be reasonable before knowing if they won a particular motion.
Another rationale, presumably, is to increase the efficiency of the Court, in keeping with the practice of other Courts, by forcing litigants to determine their own costs at an earlier stage.
