General
 58.01 Where a rule or order provides that a party is entitled to the costs of all or part of a proceeding and the costs have not been fixed by the court, they shall be assessed in accordance with rules 58.02 to 58.12.  R.R.O. 1990, Reg. 194, r. 58.01; O. Reg. 284/01, s. 17. Who May Assess Costs General Rule 58.02 (1) Costs shall be assessed by an assessment officer, subject to subrule (2), in the place where the proceeding was commenced or heard or in a county agreed on by the parties.  R.R.O. 1990, Reg. 194, r. 58.02 (1). Reference (2) The costs of a reference may be assessed by an assessment officer or by the referee, and for the purposes of rules 58.03 to 58.12, the referee shall be deemed to be an assessment officer.  R.R.O. 1990, Reg. 194, r. 58.02 (2). Assessment at Instance of Party Entitled By Filing Bill of Costs and Obtaining Appointment 58.03 (1) A party entitled to costs may obtain a notice of appointment for assessment of costs (Form 58A) from the appropriate assessment officer on filing a bill of costs and a copy of the order or other document giving rise to the party’s entitlement to costs with the assessment officer.  R.R.O. 1990, Reg. 194, r. 58.03 (1). (2) The notice and the bill of costs shall be served on every party interested in the assessment at least seven days before the date fixed for the assessment.  R.R.O. 1990, Reg. 194, r. 58.03 (2). Assessment at Instance of Party Liable By Obtaining Appointment and Serving Notice 58.04 (1) Where a party entitled to costs fails or refuses to file or serve a bill of costs for assessment within a reasonable time, any party liable to pay the costs may obtain a notice to deliver a bill of costs for assessment (Form 58B) from the appropriate assessment officer.  R.R.O. 1990, Reg. 194, r. 58.04 (1). (2) The notice shall be served on every party interested in the assessment at least twenty-one days before the date fixed for the assessment.  R.R.O. 1990, Reg. 194, r. 58.04 (2). Delivery of Bill of Costs (3) On being served with the notice, the person required to deliver a bill of costs shall file and serve a copy of the bill on every party interested in the assessment at least seven days before the date fixed for the assessment.  R.R.O. 1990, Reg. 194, r. 58.04 (3). Failure to Deliver Bill of Costs (4) Where a party required to deliver a bill of costs for assessment fails to do so at the time set out in the notice and thereby prejudices another party, the assessment officer may fix the costs of the defaulting party at an appropriate sum in order to prevent further prejudice to the other party.  R.R.O. 1990, Reg. 194, r. 58.04 (4). Assessment in Accordance with Tariffs Generally 58.05 (1) If costs are to be assessed, the assessment officer shall assess and allow, (a) lawyers’ fees and disbursements in accordance with subrule 57.01 (1) and the Tariffs; and (b) disbursements for fees paid to the court, an authorized court transcriptionist, an official examiner or a sheriff under the regulations under the Administration of Justice Act.  O. Reg. 284/01, s. 18; O. Reg. 170/14, s. 18. Students-at-Law and Law Clerks (2) No other fees, disbursements or charges shall be assessed or allowed unless the court orders otherwise.  O. Reg. 284/01, s. 18. Disbursements (3) No disbursements other than fees paid to the court shall be assessed or allowed unless it is established by affidavit or by the lawyer appearing on the assessment that the disbursement was made or that the party is liable for it.  R.R.O. 1990, Reg. 194, r. 58.05 (3); O. Reg. 575/07, s. 1. Directions (4) An assessment officer may direct production of books and documents and give directions for the conduct of an assessment.  R.R.O. 1990, Reg. 194, r. 58.05 (4). Set Off of Costs (5) Where parties are liable to pay costs to each other, the assessment officer may adjust the costs by way of set off.  R.R.O. 1990, Reg. 194, r. 58.05 (5). Costs of Assessment (6) The assessment officer may, in his or her discretion, award or refuse the costs of an assessment to either party, and fix those costs.  R.R.O. 1990, Reg. 194, r. 58.05 (6).