Rules of Procedure for Boards of Review (SOR/2003-28)

Regulations are current to 2018-10-24 and last amended on 2016-03-10. Previous Versions

Service of Documents

  •  (1) Any document that is required by these Rules to be served or filed may be served or filed by hand, mail or any other means in which the recipient is capable of receiving it, including electronic format.

  • (2) A person who serves a document electronically shall, within seven days after the date of service, provide a paper copy of the document to the recipient, unless the recipient waives that right in writing.

  • (3) The date of service of a document is the date that it is received by the person being served or their authorized representative.

Costs

  •  (1) If awarding costs under section 338 of the Act, the Board shall consider whether any conduct or step taken during the proceedings was improper, vexatious or in bad faith.

  • (2) For greater certainty, failure to comply with these Rules or a direction of the Board constitutes improper conduct.

  • (3) Before awarding costs, the Board shall consider the seriousness of the misconduct.

  • SOR/2011-1, s. 6.

 The Board may direct that costs be paid to the Minister or a party or that costs be paid by a party or the Minister.

  • SOR/2011-1, s. 6.

 If the Board awards costs, it shall consider the following criteria in fixing the costs:

  • (a) the amount of additional work required as a result of the conduct or steps taken during the proceedings that were improper, vexatious or in bad faith;

  • (b) the costs incurred for the preparation of written submissions required or permitted by the Board and for the presence at the hearing of counsel that are necessary as a result of the conduct or steps taken during the proceedings that were improper, vexatious or in bad faith, with the exception of the costs of travel, accommodation and meals;

  • (c) the reasonableness of the amounts claimed in the bill of costs; and

  • (d) if the Board directs costs to be paid at the request of a person, any conduct of or steps taken by that person during the proceedings that were improper, vexatious or in bad faith.

  • SOR/2011-1, s. 6.
  •  (1) After the hearing, the Minister or a party may make a written application for costs. The application shall be accompanied by a bill of costs and supporting receipts and set out

    • (a) the name of the person from whom costs are claimed;

    • (b) the reasons for the application; and

    • (c) the conduct or steps taken during the proceedings by the person from whom costs are claimed that were improper, vexatious or in bad faith.

  • (2) Within 10 days after the last day of the hearing, the application, accompanied by the bill of costs and receipts, shall be served on the person from whom costs are claimed and filed with the Board.

  • (3) Within 10 days after service of the application, accompanied by the bill of costs and receipts, the person from whom costs are claimed and who wishes to contest the application, bill of costs or receipts shall serve a response on the person who filed the application and file the response with the Board.

  • SOR/2011-1, s. 6;
  • SOR/2016-34, s. 1.
 
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