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Appeal Cost Decision - Not large amount

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  • Appeal Cost Decision - Not large amount


    I received a cost award against me for $2,500. However, as part of the motion, the judge was supposed to award costs for a previous case conference where the other party asked for a continuance and was told that the motion judge would make a cost decision (specifically mentioned in the endorsement). The judge was silent about this and I feel that she forgot about that consideration.

    I realize that this is a small amount (relatively), but I believe that her continuance and the cost to me was omitted - is there a way to get a summary review (without the formality of a full appeal)? The motion was in the Superior Court, so I believe it has to go to the Court of Appeal!.

    I accept the costs of $2,500 for the motion, but I feel that it should be mitigated by my unnecessary costs. I would be self-repping at the appeal - is there any hope?

  • #2
    Was it a standalone motion? Was there an endorsement from the case conference outlining the other costs to be considered?


    • #3
      Yes, it was a standalone motion. There was an endorsement from the CC judge outlining the reasons for the continuance and how that issue wasted most of the CC time.


      • #4
        No issue here. Cost at a motion are almost guaranteed. You owe that amount. Conferences will usually defer cost for another judge to decide, with no guarantee you'll get anything or even close to the amount of a motion. And because they won the motion, it's less likely you'll receive sympathy for the conference.
        Your conference cost claim is still available to you to bring up at a motion or trial. Nothing to appeal.


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