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On May 12, 2017, the Supreme Court of Canada rendered its decision in Quebec (Criminal and Penal Prosecutions) v. Jodoin, reinstating an award of costs against a criminal defence lawyer who was found to have used a proceeding to create delay.

As we are now all aware, under the New Code of Civil Procedure, chapter C-25.01 (“N.C.C.P.”), which entered into force on January 1, 2016, the Tariff of judicial fees of advocates (the “Tariff”) has been rescinded (article 832 N.C.C.P.), the distinction between “honoraires judiciaires” and “honoraires extrajudiciaires” has been eliminated and article 339 N.C.C.P. now provides an exhaustive list of all legal costs that can be claimed by a successful party to an action.