69Costs penalties

#### 69 Costs penalties 69 Costs penalties > > (1) In making an order as to the payment of costs in proceedings, the Tribunal must take into account any failure by a party to proceedings to comply with a provision of this Part. > > > (2) In particular, the Tribunal must take into account any increase in the costs of the proceedings that is attributable to any failure by a party to proceedings and may order the party responsible for the failure to pay the costs of each other party to the dispute occasioned by the failure, assessed on an indemnity basis. > > > (3) The Tribunal may take into account a certificate issued by a mediator to the effect that in the mediator’s opinion a party to a claim referred for mediation did not participate in good faith in the mediation.