I have received a letter from the city I live in stating that I am breaking a bi-law. If I decide to go to court the maximum penalty, if found guilty, is $1000 exclusive of costs. What does exclusive of costs mean? Does this mean that I will have to pay the cities legal fees?
It could mean payment of legal fees. Costs specifically refer to such items as filing and process service fees, but when liability for legal fees is shifted to the other party, sometimes they are referred to generally as "costs."
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Inclusive generally means included. Exclusive generally means not included. Under that approch, $1,000 exclusive of costs would likely mean $1,000 plus costs. Costs usually means court costs. There are some jurisdictions where it might include attorney fees though. You should ask the clerk of the court what it means too. Although most of them do not give out legal advice, this is a case of what the court means so they may not consider it to actually be legal advice. If you can't get an answer that you are comfortable with, then it would probably be worth it for you to talk to a local attorney near you and ask what it means in their local experience. That may be the most accurate answer you can get. You can search the web site or call your local attorney's Bar Association and ask for a referral to an attorney near you. If this answer was helpful, please give a “Vote UP” review below. Thanks and good luck. Ron Burdge, www.BurdgeLaw.com
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I need some clarification. When you say you were told you were breaking a bi-law, it makes me suspect the letter was coming from a home owners' association and not from the city. The answer to your question may change the answer to the question. A home owners' association can have a provision in their bylaws that says you have to pay their attorney's fees if they have to sue and win (you might be entitled to legal fees if you win). It is unlikely that a City would be entitled to attorney's fees if they sue you.
Court costs are typically costs such as the cost of the index number, the cost of filing a note of issue to get a case on the calendar and so forth. Court Costs do not typically encompass "attorney's fees"
