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Newfoundland and Labrador
Regulation 2011


NEWFOUNDLAND AND LABRADOR REGULATION 45/11

NEWFOUNDLAND AND LABRADOR
REGULATION 45/11

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed May 3, 2011)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules.

Dated at St. John’s, April 21, 2011.

Darlene Wells
Senior Deputy Registrar of the Supreme Court
Secretary, Rules Committee

REGULATIONS

Analysis


        1.   Rule 55.04 R&S
Party and party costs

        2.   Rule 55.34 Amdt.
Special allowances

        3.   Rule 55 Appendix R&S

        4.   Commencement


 

        1. Rule 55.04 of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Party and party costs

55.04. (1) Unless otherwise ordered, the costs between parties shall be determined by a taxing officer according to Column 1 of the Scale of Costs in the Appendix to this Rule, where

             (a)  default judgment is entered in a claim for a liquidated demand only, under rule 16.01(2)(a); or

             (b)  an uncontested order is entered under Rule 56A.

             (2)  Where paragraph (1) does not apply, the costs between parties, unless otherwise ordered, shall be determined by a taxing officer according to Column 3 of the Scale of Costs in the Appendix to this Rule.

             (3)  The Court may award costs to be taxed in accordance with any column or combination of columns under the Scale of Costs in the Appendix to this Rule.

             (4)  In exercising its discretion under this Rule, the Court may consider

             (a)  the amounts claimed and the amounts recovered;

             (b)  the importance of the issues;

             (c)  the complexity, difficulty or novelty of the issues;

             (d)  the manner in which the proceeding was conducted, including any conduct that tended to shorten or unnecessarily lengthen the duration of the proceeding;

             (e)  the failure by a party to admit anything that should have been admitted;

              (f)  the proportion of the services rendered prior to the date the amendment to this paragraph introducing a Scale of Costs where costs are taxed according to a column or combination of columns came into force;

             (g)  seniority at the bar of counsel; and

             (h)  any other relevant matter.

             (5)  A taxing officer may

             (a)  disallow individual items in a bill of costs; and

             (b)  allow an item of costs not provided for, either expressly or by implication, by the Scale of Costs in the Appendix to this Rule.

             (6)  Where a service provided in an appeal to the Court of Appeal is not listed in the Appendix to this Rule under "F. Appeals to the Court of Appeal", costs of that service shall be determined in accordance with the other provisions of this Rule with the necessary changes.

             (7)  This rule applies to orders for costs made on or after July 1, 2011.

 

        2. Rules 55.34(1), (3), (7) and (8) of the rules are repealed.

 

        3. The Appendix to Rule 55 of the rules is repealed and the following substituted:

Appendix

Scale of Costs

(Rule 55)

I.  General

        1. A party seeking an assessment of costs shall prepare a bill of costs, indicating the service, the column and the number of units, and where the service is based on days or half days, shall indicate the number of days or half days.

        2. A bill of costs may include a list of disbursements, which shall be verified by invoice or by affidavit.

        3. In this Scale of Costs:

             (a)  a "day" or "half day" includes a part thereof; and

             (b)  where services are provided more than once for the same listed item, for example, attendance on more than one examination for discovery, the services for each item on each occasion may be assessed separately in a bill of costs.

        4. The total value of services allowed shall be calculated by the taxing officer by multiplying the total number of units by the unit value in effect on the date of the assessment.

        5. The unit value is $100.00 effective on the day this revised Scale of Costs in which costs are taxed according to a column or combination of columns came into force.

        6. The unit value may be adjusted by amendment of this Rule.

II.  Services

Services

Number of Units

 

Column
1

Column
2

Column
3

Column
4

Column
5

A.  Originating documents and other pleadings

 

 

 

 

 

               1.  Preparation and filing of statement of claim, originating application, petition, or other originating document

1.

1.5

2.0

2.5

3.0

               2.  Preparation and filing of defence, counterclaim, third party notice including statement of claim, defence to third party proceeding, answer to petition including counter petition, response or reply under Rule 56A or any other pleading required by law

1.0

1.5

2.0

2.5

3.0

               3.  Preparation and filing of a financial statement or property statement under Rule 56A

1.0

1.5

2.0

2.5

3.0

               4.  Preparation and filing of amendment to any pleading

0.5

0.75

1.0

1.25

1.5

B.  Applications

 

 

 

 

 

               5.  Preparation and filing of interlocutory application

1.0

1.5

2.0

2.5

3.0

               6.  Preparation and filing of affidavit

1.0

1.5

2.0

2.5

3.0

               7.  Preparation of memorandum of authorities

1.0

1.5

2.0

2.5

3.0

               8.  Preparation of memorandum of fact and law for application

2.0

3.0

4.0

5.0

6.0

               9.  Counsel fee on uncontested application

1.0

1.5

2.0

2.5

3.0

             10.  Counsel fee on contested  application, per half day

2.5

5.0

8.5

11.5

15.0

C.  Discovery and Examinations

 

 

 

 

 

             11.  Preparation and filing   list of documents

1.0

1.5

2.0

2.5

3.0

             12.  Preparation of demand for particulars, interrogatories, notice to disclose under Rule 56A, notice to reply to written questions under Rule 56A or similar documents

1.0

1.5

2.0

2.5

3.0

             13.  Preparation of reply to demand for particulars, answer to interrogatories, answer to notice to disclose under Rule 56A, answer to notice to reply to written questions under Rule 56A or similar documents

1.0

1.5

2.0

2.5

3.0

             14.  Preparation for and attendance at examination for discovery or similar procedure for the purpose of production or inspection of documents

0.5

0.75

1.0

1.25

1.5

             15.  Preparation for and attendance at examination for discovery, or similar procedure, per half day

2.0

3.0

4.0

5.0

6.0

D.  Pre-Trial and Pre-Hearing Procedures

 

 

 

 

 

             16.  Preparation of brief for pre-trial conference, settlement conference, mini-trial, Court ordered mediation, case management meeting or similar conference

2.0

3.0

4.0

5.0

6.0

             17.  Preparation for and attendance at pre-trial conference, settlement conference, mini-trial, Court ordered mediation, case management meeting, summary judgment hearing under Rule 56A, judicial case conference under Rule 56A or similar conference, per half day

2.0

3.0

4.0

5.0

6.0

             18.  Attendance at case management meeting under Rule 56A or trial readiness inquiry under Rule 56A

0.25

0.35

0.5

1.0

1.5

E.  Trial or Appeal Hearing in the Trial Division or Hearing under Rule 56A

 

 

 

             19.  Preparation of trial brief and when directed by the Court, written argument

2.0

3.0

4.0

5.0

6.0

             20.  Counsel fee

 

 

 

 

 

                     (a)  first counsel, first day

7.5

15.0

25.0

35.0

45.0

                     (b)  first counsel, second and subsequent days

3.75

7.5

12.5

17.5

22.5

                     (c)  additional counsel, where the Court approves, first day

5.0

10.0

17.0

23.0

30.0

                     (d)  additional counsel, where the Court approves, second and subsequent days

2.5

5.0

8.5

11.5

15.0

F.  Appeals to the Court of Appeal

 

 

 

 

 

             21.  Preparation and filing of notice of appeal or cross appeal

1.0

1.5

2.0

2.5

3.0

             22.  Applications in the Court of Appeal

 

 

 

 

 

                     (a)  Preparation and filing application

1.0

1.5

2.0

2.5

3.0

                     (b)  Preparation and filing of affidavit

1.0

1.5

2.0

2.5

3.0

                     (c)  Preparation of memorandum of fact and law for application

2.0

3.0

4.0

5.0

6.0

                     (d)  Counsel fee on uncontested application

1.0

1.5

2.0

2.5

3.0

                     (e)  Counsel fee on contested application, per half day

2.5

5.0

8.5

11.5

15.0

             23.  Preparation and filing of appeal book

1.0

1.5

2.0

2.5

3.0

             24.  Preparation of factum for appeal hearing

2.0

3.0

4.0

5.0

6.0

             25.  Preparation for and attendance at prehearing conference or similar conference, per half day

1.5

2.25

3.0

3.75

4.5

             26.  Counsel fee on hearing of appeal:

 

 

 

 

 

                     (a)  first counsel, first day

7.5

15.0

25.0

35.0

45.0

                     (b)  first counsel, second and subsequent days

3.75

7.5

12.5

17.5

22.5

                     (c)  additional counsel, where the Court approves, first day

5.0

10.0

17.0

23.0

30.0

                     (d)  additional counsel, where the Court approves, second and subsequent days

2.5

5.0

8.5

11.5

15.0

G.  Miscellaneous

 

 

 

 

 

             27.  Where the Court approves, counsel fee for travel by counsel exceeding 40 kilometres one way from the counsel’s ordinary place of business for return travel to attend any appeal, trial, hearing, application, examination, conference or similar proceeding

1.0

1.5

2.0

2.5

3.0

             28.  Preparation of order

0.5

0.75

1.0

1.25

1.5

             29.  Preparation of bill of costs

0.5

0.75

1.0

1.25

1.5

             30.  Attendance on taxation, per half day

0.5

0.75

1.0

1.25

1.5

 

III.  Witnesses

        1. In order to compel the attendance of a witness by subpoena, notice of examination or similar process there shall be paid to each witness, in advance of the attendance of that witness, the following:

             (a)  a fee of $100.00 if the witness is to testify as an expert witness or to testify in relation to matters pertaining to his or her profession, trade or calling and $50.00 in every other case;

             (b)  the estimated reasonable travel expenses, including meals and lodging, where the necessity of same may be reasonably anticipated; and

             (c)  the estimated fee to testify, including costs of preparing to testify, upon request by the witness, if the witness is to testify as an expert witness or to testify in relation to matters pertaining to his or her profession, trade or calling, subject to direction by the Court.

        2. In addition to the sum payable to a witness under paragraph (1)(a) above, should a witness be required to attend beyond one day, there shall be paid to each witness for each additional day or part day of required attendance a fee of $100.00 per day if the witness testifies as an expert witness or in matters pertaining to his or her profession, trade or calling and $50.00 in every other case.

        3. In addition to the sum payable to a witness in paragraph (1)(b) above, a witness shall also be paid the difference between the sum paid under paragraph (1)(b) and the actual reasonable travel expenses, including meals and lodging, to attend the proceeding. 

        4. In addition to the sum payable to a witness in paragraph (1)(c) above, a witness shall be paid the difference between the sum paid under paragraph (1)(c) and the actual fee to testify, including costs of preparing to testify, subject to direction by the Court.

        5. Paragraphs 1(a), 1(c), 2 and 4 do not apply to a party who testifies on his or her own behalf.

        6. Paragraphs 1(c), 2 and 4 do not apply to a person who testifies on behalf of a party at a time when that person is employed by that party on matters relating to such employment. 

        7. Where the provisions of this Rule conflict with the Interprovincial Subpoena Act, the latter shall prevail.

IV.  Examiners

        1. Fee chargeable for attending on examination for discovery or other examination, per hour: 0.75 units

V.  Masters and Taxing Officers

        1. Fee chargeable by Masters in examination, taxation or other work, per hour: 2.5 units

        2. Fee chargeable by Taxing Officers (other than Masters) for taxing a bill of costs: 0.15 units

VI.  Commissioners

        1. Fee chargeable on taking a recognizance or bond, whether one or more recognizor or obligor, and whether entered into by all at one time or not: 0.5 units

        2. Fee chargeable for every oath, affidavit, declaration, affirmation or attestation: 0.5 units

        3. Fee chargeable for every acknowledgment and certificate of same: 0.5 units

        4. Fee chargeable for issuing a Statement of Claim: 0.5 units

        5. In the case of Commissioners outside Newfoundland and Labrador, the taxing officer shall allow such fees as the taxing officer may consider reasonable.

VII.  Court Fees

        1. Actual fees

VIII.  Other

        1. Disbursements, including:

             (a)  cost of service of documents;

             (b)  cost of expert reports;

             (c)  fees charged by mediators, and third party expenses incurred, for Court ordered mediation;

             (d)  fees and expenses charged by interpreters;

             (e)  copies at $0.25 per printed page;

              (f)  cost of transcription services and copies of transcript;

             (g)  costs of electronic conferencing, including teleconference and video conference;

             (h)  cost of electronic filing and electronic discovery;

              (i)  reasonable travel expenses of counsel, including meals and lodging, where counsel fee is allowed under Part II, item 27; and

              (j)  other reasonable disbursements.

        2. Law Society Levy

        3. HST as applicable

Commencement

        4. These rules come into force on July 1, 2011.