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Part 2Legal aid
Award of costs in civil proceedings

45Liability of aided person for costs

  1. If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.

  2. No order for costs may be made against an aided person in a civil proceeding unless the court is satisfied that there are exceptional circumstances.

  3. In determining whether there are exceptional circumstances under subsection (2), the court may take account of, but is not limited to, the following conduct by the aided person:

  4. any conduct that causes the other party to incur unnecessary cost:
    1. any failure to comply with the procedural rules and orders of the court:
      1. any misleading or deceitful conduct:
        1. any unreasonable pursuit of 1 or more issues on which the aided person fails:
          1. any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution:
            1. any other conduct that abuses the processes of the court.

              1. Any order for costs made against the aided person must specify the amount that the person would have been ordered to pay if this section had not affected that person's liability.

              2. If, because of this section, no order for costs is made against the aided person, an order may be made specifying what order for costs would have been made against that person with respect to the proceedings if this section had not affected that person's liability.

              3. If an order for costs is made against a next friend or guardian ad litem of an aided person who is a minor or is mentally disordered, then—

              4. that next friend or guardian ad litem has the benefit of this section; and
                1. the means of the next friend or guardian ad litem are taken as being the means of the aided person.

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