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Administrative Law (Ontario)(SPPA)
(01 January 2015)

Chapter 16 - Tribunal Rule-Making Authority: Cost Awards


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Readers will be aware of the concept of 'legal cost awards', typically made to a successful party in civil litigation. Tribunals have independent rule-making authority respecting cost awards in their proceedings [SPPA s.17.1(1)]. Such rules may authorize the tribunal to order a party to pay all or part of another party's legal costs [SPPA s.17.1(2)], but only if:
  • the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and

  • the tribunal rules set out the circumstances in which costs may be ordered, and the determination of the amount of costs [SPPA s.17.1(4)].
The Tribunal must make any such rules available to the public in both English and French [SPPA s.17.1(5); 25.1(4)].

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