After the parties were unable to reach an agreement as to the quantum of costs payable in respect of Mud Engineering Inc. and Mr. An-Ming (Victor) Wu’s unsuccessful motion for summary trial, the matter of costs was sent to assessment.
Secure had claimed a total of $41,400.00 in assessable legal fees and $83,659.48 for disbursements totalling $125,059.48. The assessment officer granted a total award of $119,628.28, representing a recovery of 96% of claimed costs. All of the requested disbursements were granted by the assessment officer, with only fees for second counsel not awarded by the assessment officer.
In denying these fees, the assessment officer noted that “[i]n the absence of a Court direction or decision specifically awarding second counsel fees or travel by counsel as an assessable service, or alternatively any jurisprudence…to support the allowance of these costs in the absence of a Court direction”, it did not have the authority to award these costs. In light of this comment, parties may wish to request that, when awarding costs for on a motion or summary trial, the Court explicitly state that second counsel fees ought to be recovered.
For a full copy of the decision, see here.