Marginal note:Assessment according to Tariff B
407. Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column III of the table to Tariff B.
408. (1) An assessment officer may direct the production of books and documents and give directions for the conduct of an assessment.
Marginal note:Set-off of costs
(2) Where parties are liable to pay costs to each other, an assessment officer may adjust those costs by way of set-off.
Marginal note:Costs of assessment
(3) An assessment officer may assess and allow, or refuse to allow, the costs of an assessment to either party.
Marginal note:Factors in assessing costs
409. In assessing costs, an assessment officer may consider the factors referred to in subsection 400(3).
Marginal note:Costs of amendment
410. (1) Unless the Court orders otherwise, the costs occasioned by an amendment to a pleading made without leave shall be borne by the party making the amendment.
Marginal note:Costs of motion to extend time
(2) Unless the Court orders otherwise, the costs of a motion for an extension of time shall be borne by the party bringing the motion.
Marginal note:Costs of abandoned motion
411. The costs of a motion that is abandoned or deemed to be abandoned may be assessed on the filing of
(a) the notice of motion, together with an affidavit stating that the notice was not filed within the prescribed time or that the moving party did not appear at the hearing of the motion; or
(b) where a notice of abandonment was served, the notice of abandonment.
Marginal note:Costs of discontinued proceeding
412. The costs of a proceeding that is discontinued may be assessed on the filing of the notice of discontinuance.
Marginal note:Accounts of solicitor for Crown
413. (1) Where requested by the Attorney General of Canada, a prothonotary shall assess any costs payable by the Crown to a solicitor acting for the Crown in a proceeding.
Marginal note:Existing rights
(2) Subsection (1) shall not be construed so as to prejudice any rights between a solicitor and a client in respect of the recovery of the solicitor's costs in any competent court.
Marginal note:Review of assessment
414. A party who is dissatisfied with an assessment of an assessment officer who is not a judge may, within 10 days after the assessment, serve and file a notice of motion to request that a judge of the Federal Court review the award of costs.
- SOR/2004-283, s. 33.
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