Miller v. Toronto Dominion Bank

canada, canadian, case law, court opinion, canlii, fct, 2026fc1142, 2026 fc 1142 (canlii), 2026, fc, 1142, (canlii), t-2092-24, 2026, procedure, costs, assessment, federal courts rules, rules 405, 409, subs. 400(3), assessment of bill of costs and determination of costs payable, column 2 of tariff b applied, units allowed and unit value applied at time of assessment, certificate of assessment to issue, costs allowed, statutory interpretation, transitional provisions, tariff b, rules amending the federal courts rules and the federal courts citizenship, immigration and refugee protection rules, sor/2025, 232, s. 13, which version of tariff b applies by date of decision awarding costs, prior version applies only to decisions before coming, into, force, current tariff b held applicable, current version applied, procedure, costs, stay and enforcement, rule 405, whether assessment officer has jurisdiction to delay payment or enforcement pending appeal, role limited to assessing bill of costs and determining amount payable, decision enforceable absent order staying or suspending, assessment proceeds notwithstanding pending appeal, request to defer enforcement refused, procedure, costs, impecuniosity and payment terms, rule 405, whether ability to pay and financial hardship are relevant factors in assessment, whether assessment officer can order costs payable by modest instalments, impecuniosity not relevant to assessment of costs, enforcement distinct from entitlement and assessment, jurisdiction to set instalments denied, request refused, procedure, costs, tariff b items and units, table 2, items 6, 15, 17, 18, 19, 26, whether claimed units were in accordance with tariff b and properly itemised, item 6 disallowed, item 18 disallowed, item 26 denied, item 19 hours rounded and units calculated, units allowed in part and claims reduced