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Costs - Disbursements

. Charlesfort Developments Limited v. Ottawa (City)

In Charlesfort Developments Limited v. Ottawa (City) (Ont CA, 2021) the Court of Appeal considered how the court assesses expert witness fees as disbursememts:
[4] The fees of experts are subject to a reasonableness test, just as are the fees of counsel. The fees of experts are not, however, subject to further reduction based on the distinction between substantial indemnity costs and partial indemnity costs: 3664902 Canada Inc. v. Hudson's Bay Co. (c.o.b. Bay Department Stores), (2003), 2003 CanLII 26101 (ON CA), 169 O.A.C. 283, at para. 17. Put another way, the fact that a party may have paid its expert an exorbitant fee for their services does not mean that the other party must pay that amount. The other party must only pay what the court views as reasonable for the services provided: Yip v. HSBC Holdings plc, 2018 ONCA 626, 141 O.R. (3d) 641, at paras. 89, 91.


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