The respondents on an application for leave to appeal sought to include the costs of expert evidence and related travel expenses as disbursements in their bill of costs after the leave application was dismissed.
The Registrar disallowed these expenses, ruling they were not covered by Part II of Schedule B of the Rules of the Supreme Court of Canada.
The respondents brought a motion to review the Registrar's decision.
The Supreme Court of Canada dismissed the motion, holding that expert fees are not specifically authorized as disbursements under the Rules and can only be allowed if expressly authorized by the Court under Rule 58.
