Federal Courts Rules (SOR/98-106)

Marginal note:Costs of motion

• 401. (1) The Court may award costs of a motion in an amount fixed by the Court.

• Marginal note:Costs payable forthwith

  (2) Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith.

Marginal note:Costs of discontinuance or abandonment

402. Unless otherwise ordered by the Court or agreed by the parties, a party against whom an action, application or appeal has been discontinued or against whom a motion has been abandoned is entitled to costs forthwith, which may be assessed and the payment of which may be enforced as if judgment for the amount of the costs had been given in favour of that party.

Marginal note:Motion for directions

• 403. (1) A party may request that directions be given to the assessment officer respecting any matter referred to in rule 400,

  • (a) by serving and filing a notice of motion within 30 days after judgment has been pronounced; or

  • (b) in a motion for judgment under subsection 394(2).

• Marginal note:Motion after judgment

  (2) A motion may be brought under paragraph (1)(a) whether or not the judgment included an order concerning costs.

• Marginal note:Same judge or prothonotary

  (3) A motion under paragraph (1)(a) shall be brought before the judge or prothonotary who signed the judgment.

Marginal note:Liability of solicitor for costs

• 404. (1) Where costs in a proceeding are incurred improperly or without reasonable cause or are wasted by undue delay or other misconduct or default, the Court may make an order against any solicitor whom it considers to be responsible, whether personally or through a servant or agent,

  • (a) directing the solicitor personally pay the costs of a party to the proceeding; or

  • (b) disallowing the costs between the solicitor and the solicitor's client.

• Marginal note:Show cause by solicitor

  (2) No order under subsection (1) shall be made against a solicitor unless the solicitor has been given an opportunity to be heard.

• Marginal note:Notice to client

  (3) The Court may order that notice of an order against a solicitor made under subsection (1) be given to the solicitor's client in a manner specified by the Court.

Marginal note:Assessment by assessment officer

405. Costs shall be assessed by an assessment officer.

Marginal note:Obtaining appointment

• 406. (1) A party who is entitled to costs may obtain a notice of appointment for assessment by filing a bill of costs, a copy of the order or other document giving rise to the party’s entitlement to costs and any reasons, including dissenting reasons, given in respect of that order.

• Marginal note:Notice of appointment

  (2) A notice of appointment for assessment and the bill of costs to be assessed shall be served on every other interested party at least 10 days before the date fixed for the assessment.