Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p135
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 135/154)
Character Range: 538147–540668

a nominal or other sum by way of costs.
Note: Taxing officer is defined in the Dictionary.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the prejudice said to be suffered.
Note: Bill is defined in the Dictionary.

40.16  Unnecessary expense in proceeding before taxing officer
  If, in a proceeding before a taxing officer, a party has engaged in conduct that puts another party to any unnecessary expense, the taxing officer may exercise the powers in rule 40.15(1).

40.17  Filing bill for taxation
  A party who wants to have costs taxed must file a bill for taxation.
Note: Bill is defined in the Dictionary.

40.18  Contents of bill
  A bill, other than a short form bill, must be in accordance with Form 127 and must:
 (a) contain particulars of:
 (i) the work done by the lawyer, their staff and agents; and
 (ii) the costs claimed for the work; and
 (iii) disbursements incurred; and
 (b) have attached to it, or be accompanied by, a copy of the receipt for each disbursement or, if not paid, a copy of the relevant accounts.
Note: When a bill is filed, a Registrar will fix a time and date for the taxing officer to make an estimate of the bill under rule 40.20 and endorse those details on the bill.

40.19  Service of a bill
  A party who files a bill must serve on each party interested in the bill, at least 7 days before the date endorsed on the bill:
 (a) a copy of the bill as endorsed by a Registrar; and
 (b) the documents mentioned in paragraph 40.18(b).
Note: Party interested in the bill is defined in the Dictionary.

40.20  Estimate of costs
 (1) Before a bill is taxed, a taxing officer is to make an estimate of the approximate total for which, if the bill were taxed, the certificate of taxation would be likely to issue.
 (2) The estimate in subrule (1) is to be made in the absence of the parties and without making any determination on the individual items in the bill.
 (3) The taxing officer will give notice, in writing, to each party interested in the bill, of the estimate made under subrule (1) (the notice of estimate).
 (4) Unless a party interested in the bill objects to the estimate in accordance with rule 40.21, the amount of the estimate is the amount for which the certificate of taxation will be issued.
Note: Certificate of taxation is defined in the Dictionary. See also rule 40.32.

40.21  Objection to estimate
 (1) A party interested in the bill who wants to object to the estimate must, within 21 days after the issue of the notice of