13/03/2019 – Jurisdiction British Columbia
Part 66 published on 01/06/2019
Court orders re-assessment of Strata Corporation’s costs
The strata corporation had obtained an order for payment under a lien together with “reasonable legal costs”. The corporation’s legal costs had been assessed by the Court Registrar. The Registrar had denied all costs claimed by the strata corporation and in fact awarded $750 to the owner, as his costs for the Registrar’s hearing. [See Condo Cases Across Canada, Part 65, March 2019.]
The Registrar had come to this decision primarily on the basis that it had not been reasonable for the strata corporation to turn the matter over to its lawyers after simply mailing notices to the owner, but without also having sent an email warning to the owner.
The strata corporation appealed, and the Court granted the appeal. The Court said:
In my view, the question of whether it was reasonable for the petitioner to involve legal counsel is a matter that goes to the entitlement of costs, which was decided by Master Vos when he made his order. Master Vos had the jurisdiction, which he exercised, to make the decision with respect to entitlement to costs and awarded costs to the petitioner. In assessing the reasonable legal costs under s. 118 of the SPA, Registrar Nielsen was to consider the reasonableness of the quantum claimed for the legal work undertaken, not whether he viewed the petitioner’s choice of involving legal counsel as being reasonable.
…
In applying that expertise and experience to the assessment of the reasonableness of the cost amounts claimed for the various steps taken in the litigation, the registrar should not re-engage in issues that go to entitlement of costs. In my view, Registrar Nielsen erred in principle when he did so, negating Master Vos’ award of costs as he did so. Accordingly, I am satisfied that the decision of Registrar Nielsen should be set aside.
I find the petitioner was successful in its appeal before me. I make the following orders:
- the February 7, 2019, decision of Registrar Nielsen is set aside;
- the matter is referred back to a registrar of the Supreme Court to have the petitioner’s reasonable legal costs assessed; and
- the petitioner is entitled to its costs for this appeal.