PART 16Fees and Costs (continued)
Taxation of Costs
(2) The party awarded costs shall, within six months after the order setting out the final decision on costs, serve on all parties who are liable to pay, and file with the Registrar, a notice of taxation in Form 83A together with a bill of costs in Form 83B.
(3) Within 10 days after service of the notice of taxation and bill of costs, a party who disputes the taxation of the bill of costs or one of its items shall serve on the party requesting the taxation and all other parties who are liable to pay, and file with the Registrar a response in letter form.
(4) Within five days after service of the response, the party requesting the taxation may serve on all parties who are liable to pay and file with the Registrar a reply in letter form.
(5) At the end of the time period referred to in subrule (4) or if a consent to taxation is filed, the Registrar shall issue a certificate of taxation.
(6) The certificate of taxation is final and conclusive as to all matters not objected to.
(7) When, pursuant to an order of the Court, a judge or the Registrar, a party who is entitled to receive costs is liable to pay costs to any other party, the Registrar may adjust the costs accordingly.
(8) The Registrar may direct the production of such books, papers and documents as the Registrar considers necessary to tax costs.
- SOR/2006-203, s. 38
Objection to Taxation of Costs
84 (1) Within 15 days after the date that the certificate of taxation bears, 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 a written objection 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 date that the certificate of taxation bears, make a motion to a judge for a review of the taxation, and the judge may make any order with respect to the item in dispute that the 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.
- SOR/2016-271, s. 40
Costs of Discontinuance or Dismissal
(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
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
Dispensing with Security
(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.
PART 18Miscellaneous Provisions
(2) An affidavit to be used in a proceeding shall be limited to the statement of facts within the knowledge of the deponent, but statements based on information or belief that state the source of the information or the grounds for the belief may be admitted by the Court, a judge or the Registrar.
(3) When the record of the court appealed from or of the trial court is filed with the Registrar, that record is part of the record of the Court.
Examination on Affidavit
90 (1) Any party may, by leave of a judge or the Registrar on motion, cross-examine the deponent of an affidavit filed with the Registrar by serving on the party who filed the affidavit a notice requiring the production of the deponent and documents for cross-examination before a commissioner for oaths designated by the judge or the Registrar.
(2) The notice required by subrule (1) shall be served within the time that the judge or Registrar may order.
(3) Any cross-examination referred to in subrule (1) shall take place before the proceeding is heard unless a judge or the Registrar otherwise orders.
(4) The transcript of a cross-examination may be filed with the Registrar within 10 days after the cross-examination.
(5) A judge or the Registrar may, on his or her own initiative, order the production of documents on a cross-examination.
(6) Where a deponent is not produced for cross-examination, the deponent’s affidavit shall be struck out unless a judge or the Registrar otherwise orders.
Oaths and Witnesses
(2) The Registrar may examine witnesses in any proceeding.
Appointment of Amicus Curiae
92 The Court or a judge may appoint an amicus curiae in an appeal.
Changes Affecting the Record
92.1 Counsel or their agents shall advise the Court in writing of any changes that affect the record in any motion, application for leave to appeal or appeal. When necessary, a party shall bring a motion to adduce new evidence to bring the change to the attention of the Court.
- SOR/2006-203, s. 41
(2) An appellant who discontinues an appeal under section 69 of the Act shall also serve on the clerk of the court appealed from a copy of the notice of discontinuance.
Notices to the Profession
94 The Registrar may issue notices to the profession as the Registrar considers necessary to explain or clarify these Rules or the practice before the Court.
- SOR/2011-74, s. 36(F)
Notice Convening Court
95 The Registrar shall publish, in Form 95, the notice convening the Court under section 34 of the Act.
Notice of Remote Participation by a Judge
(2) In advance of a proceeding referred to in subrule (1), the Registrar is to, if feasible, send a notice of remote participation by a judge in Form 95.1.
- SOR/2019-1, s. 14
PART 19[Repealed, SOR/2013-175, s. 41]
96 [Repealed, SOR/2013-175, s. 41]
97 [Repealed, SOR/2013-175, s. 41]
98 [Repealed, SOR/2013-175, s. 41]
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