Part X - Costs

44. Costs of Parties

44.01

The Tribunal may, after considering submissions from a party that asked for an award of costs and the party or parties that may be subject to such an order, order the costs of a party be paid by another party or parties.

A party may apply for its costs in argument or at any other time with the permission of the panel or the chair of the pre-hearing conference, as appropriate.

The Tribunal may, in its discretion, order costs

a. in a fixed amount;
b. to be assessed according to a specified tariff of costs; or
c. to be assessed after receiving a statement of costs and submissions from the parties.

45. Criteria for Costs to Parties

45.01

In determining whether a party is liable to pay the costs of a party, the Tribunal shall consider:

a. whether the party engaged in conduct which is clearly unreasonable, frivolous, or vexatious;
b. whether the party's conduct unreasonably delayed or prolonged the proceeding, including any failure to comply with undertakings or orders;
c. whether the party's participation assisted the Tribunal in understanding the issues;
d. failure to cooperate with other parties during preliminary proceedings or at the hearing;
e. failure to attend a hearing or other proceeding , or to send a representative, despite notice being provided to the party;
f. the party's degree of success in the proceeding; and
g. any other matter it considers relevant.

46. Costs of the Tribunal

46.01

The Tribunal may, after considering submissions from a party or parties that may be subject to an order, order its costs to be paid by that party or parties.

The costs of the Tribunal consist of the expenses that the Tribunal has incurred in connection with the proceeding.

Where the Tribunal orders that its costs be paid, the Tribunal shall:

a. fix the costs of the Tribunal; and
b. indicate by whom the costs shall be paid and in what proportion.

In determining whether a party is liable to pay the costs of the Tribunal, the Tribunal shall consider:

a. whether a party's conduct unreasonably delayed or prolonged the proceeding, including any failure to comply with undertakings or orders;
b. whether a position advanced by a party was frivolous or vexatious or manifestly unfounded;
c. whether a party was in contempt of the Tribunal;
d. whether the Tribunal was obliged to incur any extraordinary expenses in conducting the hearing; and
e. any other matter it considers relevant.

47. Cost Assessment Practice Directions

47.01

The Tribunal may issue any Practice Directions on costs from time to time, to address general costs assessment policies and tariffs, hourly rates for representatives and consultants, allowable disbursements, and other matters that the Tribunal may consider appropriate.