Rule 19 – Costs

Disbursements

19.01 (1) A successful party is entitled to have the party’s reasonable disbursements, including any costs of effecting service or preparing a plaintiff’s or defendant’s claim or a defence and expenses for travel, accommodation, photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise.  O. Reg. 78/06, s. 38 (1); O. Reg. 440/10, s. 3 (1).

(1.1) For greater certainty, subrule (1) includes costs associated with the electronic filing or issuance of documents under these rules. O. Reg. 44/14, s. 13.

(2) The clerk shall assess the disbursements in accordance with the regulations made under the Administration of Justice Act and in accordance with subrules (3) and (4); the assessment is subject to review by the court.  O. Reg. 258/98, r. 19.01 (2); O. Reg. 440/10, s. 3 (2).

(3) The amount of disbursements assessed for effecting service shall not exceed $60 for each person served unless the court is of the opinion that there are special circumstances that justify assessing a greater amount.  O. Reg. 258/98, r. 19.01 (3); O. Reg. 78/06, s. 38 (2); O. Reg. 440/10, s. 3 (3).

(4) The amount of disbursements assessed for preparing a plaintiff’s or defendant’s claim or a defence shall not exceed $100.  O. Reg. 440/10, s. 3 (4).

Limit

19.02 Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded.  O. Reg. 78/06, s. 39.

19.03 Revoked: O. Reg. 440/10, s. 4.

Representation Fee

19.04 If a successful party is represented by a lawyer, student-at-law or paralegal, the court may award the party a reasonable representation fee at trial or at an assessment hearing. O. Reg. 440/10, s. 5; O. Reg. 230/13, s. 15.

Compensation for Inconvenience and Expense

19.05 The court may order an unsuccessful party to pay to a successful party who is self-represented an amount not exceeding $500 as compensation for inconvenience and expense.  O. Reg. 440/10, s. 5.

Penalty

19.06 If the court is satisfied that a party has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party to pay an amount as compensation to another party.  O. Reg. 78/06, s. 39.