Understanding Legal Costs in BC Supreme Court Cases

Costs are financial awards related to legal fees and expenses. They are not full reimbursement of a lawyer’s bill. Instead, costs are calculated according to rules set out in the BC Supreme Court Civil Rules.

Costs typically include:

• A portion of the legal fees paid to your lawyer.
• Disbursements (expenses like court filing fees, expert reports, photocopying, etc.).

Costs are awarded according to a tariff system, set out in the Supreme Court Civil Rules, which provides a schedule of fixed amounts for various steps in a lawsuit. This means you will not recover all your legal fees—only the portion the Rules allow.

Costs are established by Rule 14-1 (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_02#rule14-1) and Appendix B (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_05#AppendixB%E2%80%94PartyandPartyCosts)

There are two main types:

Party-and-Party Costs

• The most common type.
• The losing party usually pays the winning party a portion of legal expenses.
• Calculated using the BC Supreme Court Scale of Costs (usually Scale B for ordinary difficulty cases).

    Covers things like:

• Some lawyer time
• Filing fees
• Process server fees
• Expert reports (in some cases)
• Other necessary litigation expenses

Special (or Increased) Costs

• Much higher than party-and-party costs.
• Awarded only in exceptional situations, often where a party acted improperly, unreasonably, or in bad faith.
• Intended as a rebuke from the court for misconduct—not just losing a case.

• To the successful party: Generally, the party who wins the case is entitled to costs.
• Settlement offers matter: If a party makes a formal offer to settle and the other side does worse at trial, the court may adjust costs to encourage reasonable settlement.
• Court discretion: Judges have flexibility and can order costs in a way they consider fair, including awarding “special costs” in cases of misconduct.

Costs in the BC Supreme Court are calculated using a unit-based tariff system. Each step in the litigation process—such as filing a notice of civil claim, attending a case planning conference, or conducting an examination for discovery—has an assigned number of “units.” Each unit has a dollar value, which depends on the complexity of the case:

• Scale A: Simple cases (lowest unit value, currently $60)
• Scale B: Average complexity (most common, currently $110)
• Scale C: Complex cases (highest unit value, currently $170)

Example 1: Commencing a Claim

• Tariff is between 1 – 10 units to commence and prosecute a proceeding. 
• If the case warrants 4 units on Scale B and each unit is worth $110, the cost is: 4 units×$110=$440

Example 2: Examination for Discovery

• Tariff assigns 4 units to prepare for an examination for discovery for each day of attendance
• Tariff assigns 8 units for each day to conduct an examination for discovery. 
• On Scale B, that equals: 12 units×$110=$1,320 per day. This is far less than the typically cost to prepare for and conduct a discovery. 

Example 3: Court Application on File of Less than Ordinary Difficulty

• Tariff assigns 2 units to prepare for an application if unopposed. 
• Tariff assigns 4 units to attend application for each day if unopposed.
• On Scale A, that equals: 6 units×$60=$360. 

Example 3: Trial

• Tariff assigns 5 units for each day of trial for preparation. 
• Tariff assigns 10 units for each day of trial for attendance.
• For a 10 day trial at Scale B, that equals: 150 units×$110=$16,500. 
• Written argument can add an additional 1 to 10 units. 

Important: These amounts do not include disbursements (e.g., expert fees, photocopying) or GST

• The losing party usually pays: In most cases, the party who is unsuccessful at trial or on an application pays costs to the successful party. This is not automatic though. A judge can refuse costs or order a different arrangement depending on fairness.
• Partial recovery only: Even if you win, you will not recover all your legal fees—only the tariff-based amount plus disbursements.
• Exceptions:
  • If both parties win on different issues, the court may split costs or order each side to bear their own.
  • If a party behaves improperly (e.g., unnecessary delays, bad faith), the court may award special costs, which can cover nearly all legal fees.
  • In rare cases, the court may order no costs if fairness requires it.