Temkin Inc. v. Canada ( Department of Public Works )
T-856-88
Lamy T.O.
1/5/95
7 pp.
At close of action disputing adequacy of expropriation indemnity, costs awarded as specified in Act, s. 39(2) namely "whole of the party's costs of and incident to the proceedings...on a solicitor and client basis"-Plaintiff, whose action allowed, applied for taxation of costs on party and party basis-To determine amount of compensation, Trial Judge had used only parity technique although plaintiff's expert witnesses had relied on income technique-Court of Appeal stated while legitimate to reject plaintiff's experts' approach, not possible to dismiss their testimony, and data which they presented, in their entirety-Defendant argued costs of plaintiff's expert witnesses should not be awarded as incurred using technique not approved by Court-Most important factors to consider in deciding question of costs: (1) amount of offer; (2) amount of award; (3) complexity of issues involved; (4) skill and competence required to present issues; (5) experience of solicitors and counsel; (6) time expended on preparation; and (7) fees allowed in Tariff B-Costs awarded under s. 39 of the Act must be consistent with rules governing taxation, and in particular have been incurred for proper preparation and presentation of case-Expert witness costs cannot be denied on basis Court regarded defendants' evidence as more persuasive-In awarding costs, Court felt all expenses reasonably incurred pursuant to Act, s. 39 should be allowed-Plaintiff's expert witness fees awarded-Expropriation Act, R.S.C., 1985, c. E-21, s. 39(2).