Rules of the Supreme Court of Canada (SOR/2002-156)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2011-04-11. Previous Versions
Objection to Taxation of Costs
84. (1) Within 15 days after the certificate of taxation is received, any party may object to the taxation of costs on the ground that the bill of costs contains a clerical or calculation error by serving on all other parties and filing with the Registrar an objection in letter form specifying the errors alleged and the corrections sought to be made.
(2) Any party who objects to the taxation of costs on any other ground not specified in subrule (1) may, within 15 days after the certificate of taxation is received, make a motion to a judge for a review of the taxation, and the judge may make such order with respect to the item in dispute as that judge considers appropriate.
(3) An objection to the taxation shall be determined upon the evidence that had been brought before the Registrar, and no further evidence shall be received in support of the motion unless the judge or the Registrar, as the case may be, otherwise orders.
(4) The costs in a review referred to in subrule (2) shall be in the discretion of the judge.
Costs of Discontinuance or Dismissal
85. Except in the case of a proceeding commenced under a provision of the Criminal Code,
(a) if a proceeding is discontinued or dismissed as abandoned, a respondent is entitled to have their costs taxed by the Registrar without a further order, unless the Court or a judge otherwise orders; and
(b) if a motion for an extension of time that is submitted for decision in accordance with subrule 51(3) is denied, a respondent is entitled to have their costs taxed on the application for leave to appeal by the Registrar without a further order, unless the Court or a judge otherwise orders.
- SOR/2006-203, s. 39.
PART 17
SECURITY
Payment of Money Out of Court
86. (1) Money deposited as security under paragraph 60(1)(b) of the Act may be paid out of Court on motion to the Registrar or by sending a letter to the Registrar in which all the parties affected have consented.
(2) The Registrar may provide for the payment of all monies to the party who paid the security, their counsel or their agent.
(3) If any other party, their counsel and their agent cannot be found, notice of a motion for payment out may be given by posting a copy of it at the Registry and the Registrar shall refer the motion to a judge no sooner than 28 days after the notice was posted.
- SOR/2006-203, s. 40.
Security and Interest
87. Interest in accordance with the Financial Administration Act shall be paid on money deposited as security.
Dispensing with Security
88. (1) A party may, on motion to a judge or the Registrar, request an exemption from providing security under paragraph 60(1)(b) of the Act.
(2) The affidavit of a party in support of a motion under subrule (1) shall set out that the party’s net assets, exclusive of their family home and the subject-matter of the proceeding, do not exceed $5,000 and that they are unable to provide security.
