6. Costs recovery

Date Published

If a party defaults in payment of the taxed, allowed and certified amount, recovery of those costs may be sought in a court of competent jurisdiction, as a debt due by the person ordered to pay the costs to the person in whose favour they were awarded (subsection 221(3)).  While subsection 221(3) refers to a party “ordered to pay the costs…”, the certificate deliberately avoids the use of the word “order”.  The process under reg 21.13 and the seal of the Trade Marks Office (s 200) on the certified bill are enough to establish the extent of the debt.