Jackson v. Ucluelet Princess ( The )
T-1865-90
MacKay J.
9/5/94
11 pp.
Application for order directing Taxing Officer to allow costs not specifically provided for, or in excess of those provided, within Federal Court's Rules for party and party costs -- Discretion of Court exercised in making order only where circumstances may be considered exceptional -- Examinations for discovery not unduly extensive -- Geographic and locational factors to be taken into account -- When personal injury suffered by one in course of vacation at resort seeking to cater to clientele, including vacationers from afar or abroad, and claim for damages established, increased costs to successful claimant arising from geographical locational factors warrant recognition in award of costs, even though recognition ought not to take account of actual costs incurred on solicitor-client billed basis -- Preparation of documentary evidence, in advance of discoveries or thereafter, not warranting consideration in relation to increase in costs, except as production would require more time because of geographical locational factors relating to communications generally between counsel and plaintiffs -- Order directing Taxing Officer to include $500 for extended services of counsel for plaintiffs in preparation for examinations for discovery; $1,250 for preparation for attendances at pre-trial conferences; $500 for services in consultations and preparation of affidavits of expert witnesses.