Acts and Regulations

2014, c.100 - Arbitration Act

Full text
Taxation of fees and expenses and assessment of costs
56(1)A person authorized under the Law Society Act, 1996 to conduct a review of a bill for fees for legal services, costs, charges, disbursements and taxes is an arbitration reviewing officer for the purposes of this Act.
56(2)In addition to the arbitration reviewing officers under subsection (1), the Lieutenant-Governor in Council may appoint one or more persons as arbitration reviewing officers for the purposes of this Act.
56(3)A party to an arbitration may refer an arbitrator’s account for fees and expenses to an arbitration reviewing officer and the account shall be reviewed in accordance with the Law Society Act, 1996 as if the account were a bill for fees for legal services, costs, charges, disbursements and taxes and the Law Society Act, 1996 applies with the necessary modifications in relation to a certificate of an arbitration reviewing officer and an appeal of a review of an arbitrator’s account for fees and expenses.
56(4)Subsection (3) applies even if the account has been paid.
56(5)If an arbitral tribunal awards costs and directs that they be assessed, or awards costs without fixing the amount or indicating how it is to be ascertained, a party to the arbitration may have the costs assessed in accordance with the Rules of Court by an assessing officer provided for in the Rules of Court and the Rules of Court apply with the necessary modifications in relation to a Certificate of an assessing officer and an appeal of an assessment of costs.
56(6)In assessing the part of the costs represented by the fees and expenses of the arbitral tribunal, the assessing officer shall apply the same principles as in the review of an account under subsection (3).
1992, c.A-10.1, s.56