where there is an extensive history of litigation between the parties
Quick Take
1On review of a costs assessment under UCPR r 742, there is a strong presumption in favour of the correctness of the assessor's decision; the onus lies on the party seeking to impeach it to demonstrate error of principle, and challenges to quantum alone will generally not warrant interference.
2A costs assessor's brief reasons stating that a claim was 'reasonable' or 'necessary and proper' may be adequate where, read in context of the reasons as a whole, they constitute shorthand references to principles articulated earlier in the reasons.
3An objector's degree of success in reducing a costs claim is a relevant but not determinative consideration in the assessor's discretion as to who bears the costs of the assessment; the nature, extent and merit of the objections are also relevant factors.
