(1)

Costs are to be calculated in accordance with Schedule 3 if:

(a)

the court orders that costs are to be paid and does not fix the amount; or

(b)

a person is entitled to costs under these Rules.

(2)

The court may order that Schedule 3 does not apply and that a party is entitled to costs:

(a)

of a specific amount;

(b)

as assessed on a lawyer and client basis or an indemnity basis;

(c)

to be calculated in accordance with the method stated in the order; or

(d)

for part of the case, or for part of an amount, assessed by reference to Schedule 3.

Example
For paragraph (2) (c), the stated method may be in accordance with the Schedule 3 but with an additional percentage for complexity.

(3)

In making an order under subrule (2), the court may consider:

(a)

the importance, complexity or difficulty of the issues;

(b)

the reasonableness of each party's behaviour in the case;

(c)

the rates ordinarily payable to lawyers in comparable cases;

(d)

whether a lawyer's conduct has been improper or unreasonable;

(e)

the time properly spent on the case; and

(f)

expenses properly paid or payable.