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Small Claims Court Taxation of Costs Regulations

made under Section 33 of the

Small Claims Court Act

R.S.N.S. 1989, c. 430

O.I.C. 2001-162 (March 30, 2001, effective April 1, 2001), N.S. Reg. 37/2001

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 158/2015


Citation

1     These regulations may be cited as the Small Claims Court Taxation of Costs Regulations.


Definition

2     For the purposes of these regulations, “taxation” includes a review of a contingency fee agreement.


Application

3     (1)    A taxation shall be commenced by an applicant filing

 

                (a)    a Notice of Taxation in Form 1;

 

                (b)    a copy of each bill incurred in the proceeding; and

 

                (c)    a $99.70 taxation fee

Clause 3(1)(c) amended: O.I.C. 2015-96, N.S. Reg. 158/2015.

 

with the Small Claims Court.

 

       (2)    An applicant may file the copies of the bills referred to in clause (1)(b) in a sealed envelope that shall remain sealed until opened by the adjudicator for the purposes of the taxation.

 

       (3)    Where an applicant or respondent or both are required by any rule or enactment to file an affidavit in proof of disbursements,

 

                (a)    the applicant shall file the affidavit at the time of filing the Notice of Taxation; and

 

                (b)    the respondent shall file the affidavit within 5 days of being served with a copy of the Notice of Taxation pursuant to Section 4.


Service

4     (1)    An applicant shall serve a copy of

 

                (a)    the Notice of Taxation filed pursuant to clause 3(1)(a); and

 

                (b)    each bill incurred in the proceeding and filed pursuant to clause 3(1)(b)

 

on the respondent by personal service, substituted service or registered mail, so that copies of the Notice of Taxation and bills incurred in the proceeding reach the respondent at least 5 clear days before the taxation hearing.

 

       (2)    Service under subsection (1) may be proved by affidavit.

 

       (3)    Despite subsections (1) and (2), where the respondent is absconding or absent from the Province, service is not required.

Subsection 4(3) added: O.I.C. 2001-484, N.S. Reg. 124/2001.


Taxation hearing

5    A taxation hearing shall be open to the public unless the adjudicator determines that

 

       (a)    it is in the public interest to hold all or part of the hearing in private; or

 

       (b)    it is necessary to hold all or part of the hearing in private to protect solicitor-client privilege.

 

6    A taxation hearing shall be held in a designated court facility.

 

7    (1)     Where an applicant fails to attend a taxation hearing, the adjudicator may dismiss the taxation.

 

      (2)     Where a respondent has been served with the Notice of Taxation in compliance with subsection 4(1), the adjudicator may proceed with the taxation hearing in the absence of the respondent.

 

8    An applicant and, where the respondent attends the hearing, a respondent shall bring any relevant documentation to the taxation hearing.


Powers and duties of adjudicators

9    On a taxation an adjudicator may

 

       (a)    take evidence by affidavit or oral testimony upon oath or affirmation;

 

       (b)    direct the production of books, papers and documents;

 

       (c)    require that notice of the taxation and a copy of the bill of costs be given to any person who may be interested in the taxation or in the fund or estate out of which the costs are payable;

 

       (d)    give directions as to the manner of service of the notice of taxation and bill of costs referred to in clause (c);

 

       (e)    extend or abridge any time period pertaining to taxations that is specified in any Act, regulation, rule or order, where the adjudicator considers the extension or abridgment to be justified in the circumstances;

 

       (f)     where a party entitled to receive costs is liable to pay costs to any other party, adjust the costs by way of deduction or set-off.

 

10  An adjudicator shall

 

       (a)    render a decision in a taxation in the form of a Certificate of Taxation in Form 2; and

 

       (b)    file the Certificate of Taxation with the Small Claims Court.


Subpoena

11  (1)     A subpoena shall be in Form 3 of the regulations respecting Small Claims Court procedures and forms.

 

      (2)     A subpoena issued by the clerk of the Small Claims Court may be served personally on the witness.

 

      (3)     No person is bound to appear or give evidence pursuant to a subpoena unless the person is paid or tendered witness fees in the amount of $5.00 plus $0.20 per kilometre one way from the place of residence of the person to the place of the hearing not less than 4 days before the date set for the hearing.


Fees

12  The following fees apply in a taxation:

 

       (a)    copy of any document, per page.........................................................................$0.65

Clause 12(a) amended: O.I.C. 2013-105, N.S. Reg. 158/2013.

 

       (b)    certifying any document on file, not including copy charge

(no charge for first certified copy required by a party to

the proceeding or their solicitor).....................................................................$13.26

Clause 12(b) amended: O.I.C. 2015-96, N.S. Reg. 158/2015.

 

       (c)    searching a file, except where bulk rate search fee applies

(free to parties to the proceeding or their solicitors).........................................$6.61

Clause 12(c) amended: O.I.C. 2015-96, N.S. Reg. 158/2015.

 

       (d)    searching a file where an agreement has been entered into

with the Department of Justice for bulk rate search fees...................................$0.65

Clause 12(d) amended: O.I.C. 2013-105, N.S. Reg. 158/2013.


Appeal

13  The decision of an adjudicator in a taxation hearing may be appealed to the Supreme Court in accordance with the Civil Procedure Rules.


Evidence

14  An adjudicator shall return the contents of the sealed envelope referred to in subsection 3(2),

 

       (a)    where no notice of appeal has been filed before the expiration of the appeal period, at the expiration of that period; or

 

       (b)    where a notice of appeal has been filed before the expiration of the appeal period, at the conclusion of the appeal.


 

ole.gif

Form 1

Notice of Taxation

In the Small Claims Court of Nova Scotia




Applicant(s):

Name                                                             Address                                                               

Postal code                                                    Phone                          


Respondent(s):

Name                                                             Address                                                               

Postal code                                                    Phone                          


I REQUEST:

    a taxation of fees, costs, charges and disbursements and/or       a review of contingency fee agreement(s).

    that the taxation be held in closed court.


Please provide the following information:


Date of bill or contingency fee agreement

Amount

1.

 

2.

 

3.

 

 

Note:       1.      You must attach copies of the above, which may be filed in a sealed envelope, and where required an affidavit of proof of disbursements.

 

                2.      A copy of this Notice of Taxation must be received by the respondent at least 5 clear days before the hearing.

 

 

DATE                                                         APPLICANT(S)


To be completed by the clerk of the Small Claims Court:

 The hearing of this taxation is set for ____________ , 2___ at _____ a.m./p.m. at

_____________________________ (place of hearing).

 

 

                                                                    CLERK OF THE SMALL CLAIMS COURT 


TO THE RESPONDENT(S): THIS NOTICE OF TAXATION HAS BEEN FILED IN SMALL CLAIMS COURT

 

1. If you intend to dispute the amount of the bill(s) and/or the contingency fee agreement(s), you must appear at the time of the hearing. You should file a response, found at the bottom of this form. If you file a response, you are required to serve a copy of the response upon the applicant(s).


 

2.             You may contact the applicant(s) and try to settle the matter. If you settle, the applicant(s) should advise the clerk of the Small Claims Court in writing.

 

3.             You must appear at the hearing on the date set out above or a Certificate of Taxation may be issued in your absence.

 

RESPONSE TO TAXATION

 

To:                                                                     applicant(s)


My reason(s) for disputing the above amount(s) is/are: (If you need more space, attach another sheet of paper):

 

 

 



 

 

Date                                                      Respondent(s)

 

 

Clerk of the Small Claims Court

 ________________________________________________________________ 

ole1.gif

Form 2

Certificate of Taxation

In the Small Claims Court of Nova Scotia


BETWEEN / IN THE MATTER OF

 

      I certify that I have taxed the bill of costs dated                    between                              

       and                                       :

 

      I certify that I have reviewed the contingency fee agreement dated                                  

       between                                         and                                 :

 

      In a foreclosure matter on a party and party basis and I allow the following to the applicant:

                                                                      Fees                   Disbursements                  HST

For all steps in the proceeding

up to and including the application

for an order for foreclosure or

foreclosure and sale:

 

For all steps in the proceeding

subsequent to the application for

an order for foreclosure or

foreclosure and sale

 

SUB-TOTAL:

     Pursuant to the Order of Justice __________, dated _________, 2___, on a party and party basis and I allow the following to the applicant/respondent:

 

Fees:

Disbursements:

HST:

 

SUB-TOTAL:

     In the matter of _____________________________________ , pursuant to the Order of Justice _____________ , dated ______, 2___, on a solicitor and client basis and I allow the following to the applicant/respondent:

 

Fees:

Disbursements:

HST:

 

SUB-TOTAL:

     On a solicitor-client basis and I allow the following:

 

Fees:

Disbursements:

Interest:

HST:

LESS amounts already paid:

 

SUB-TOTAL:


I further allow $75.00, which is the taxation fee.

I therefore allow a TOTAL of _____________.

Issued on ________________, 2___.

 

______________________________

Small Claims Court Adjudicator