Acts and Regulations

A-10.1 - Arbitration Act

Full text
Taxation of fees and expenses and assessment of costs
56(1)A person authorized under the Law Society Act to conduct a taxation of a solicitor’s bill for fees, costs, charges or disbursements is an arbitration taxing officer for the purposes of this Act.
56(2)In addition to the arbitration taxing officers under subsection (1), the Lieutenant-Governor in Council may appoint one or more persons as arbitration taxing 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 taxing officer and the account shall be taxed in accordance with the Law Society Act as if the account were a solicitor’s bill for fees, costs, charges or disbursements and the Law Society Act applies with the necessary modifications in relation to a certificate of an arbitration taxing officer and an appeal of a taxation 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 taxation of an account under subsection (3).
Taxation of fees and expenses and assessment of costs
56(1)A person authorized under the Law Society Act to conduct a taxation of a solicitor’s bill for fees, costs, charges or disbursements is an arbitration taxing officer for the purposes of this Act.
56(2)In addition to the arbitration taxing officers under subsection (1), the Lieutenant-Governor in Council may appoint one or more persons as arbitration taxing 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 taxing officer and the account shall be taxed in accordance with the Law Society Act as if the account were a solicitor’s bill for fees, costs, charges or disbursements and the Law Society Act applies with the necessary modifications in relation to a certificate of an arbitration taxing officer and an appeal of a taxation 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 taxation of an account under subsection (3).