C-25.01 - Code of Civil Procedure

Section 341 Disposition versions

2016-01-01

341. The court may order the successful party to pay the legal costs incurred by another party if it is of the opinion that the successful party did not properly observe the principle of proportionality or committed an abuse of procedure, or that such an order is necessary to prevent serious prejudice to a party or to permit a fair apportionment of the costs, including those incurred for expert fees, the taking of testimony or its transcription.

The court may also make such an order if the successful party breached its undertakings with regard to the conduct of the proceeding, such as by failing to meet time limits, if it unduly delayed in presenting an incidental application or filing a notice of discontinuance, if it needlessly required a witness to attend at court or if it refused, without valid cause, to accept tenders, to admit the origin or integrity of evidence or, in a family matter, to participate in a parenting and mediation information session.

As well, the court may make such an order if the successful party delayed in raising grounds that resulted in the expert report being corrected or rejected or a new expert’s opinion being necessary.

2014, c. 1, a. 341.