Specific Claims Tribunal Rules of Practice and Procedure (SOR/2011-119)

Marginal note:Factors to be considered — general

• 111 (1) When deciding whether award of costs under subrule 110(2), the Tribunal must consider the following factors:

  • (a) whether a party has acted in bad faith;

  • (b) whether a party has failed to comply with an order of the Tribunal; or

  • (c) whether a party has refused a reasonable offer to settle.

• Marginal note:Factors to be considered — claimant

  (2) When deciding whether to award costs to the claimant under subrule 110(2), the Tribunal must also consider the following factors:

  • (a) whether the claimant’s costs are reasonably incurred but are disproportionate to the amount of compensation awarded; and

  • (b) whether the issues in relation to the specific claim are complex or contain elements that are of general public importance.

Coming into Force

Marginal note:Registration

112 These Rules come into force on the day on which they are registered.