Indemnity basis of assessment
703 Indemnity basis of assessment
The court may order costs to be assessed on the indemnity basis.
Note—
Costs on the indemnity basis were previously solicitor and client costs—see rule 743S (Old basis for taxing costs equates to new basis for assessing costs).
Without limiting subrule (1), the court may order that costs be assessed on the indemnity basis if the court orders the payment of costs—
out of a fund; or
to a party who sues or is sued as a trustee; or
of an application in a proceeding brought for noncompliance with an order of the court.
When assessing costs on the indemnity basis, a costs assessor must allow all costs reasonably incurred and of a reasonable amount, having regard to—
the scale of fees prescribed for the court; and
any costs agreement between the party to whom the costs are payable and the party’s solicitor; and
charges ordinarily payable by a client to a solicitor for the work.
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