The Court held that a costs assessor appointed under UCPR r 713 is not functus officio merely upon signing a costs certificate where the assessor has not completed the full scope of the appointed assessment task; the relevant point is the 'end of the assessment' under UCPR r 737, and a certificate signed before all items have been assessed is not a legally effective decision. The Court further held that even if the March Certificate were set aside, it would be appropriate to fix costs under UCPR r 742(6)(e) in the same amount, given the applicant's failure to challenge quantum, the sufficiency of the evidentiary record, and the applicant's own tactical conduct in disclosing an offer in breach of UCPR r 733(4). The applicant's attempt to exploit the costs assessor's administrative error in signing a premature certificate was rejected.
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