Powers of a Taxing Officer
53.04 Powers of a Taxing Officer
53.04.1 For the purpose of taxation of costs, a Taxing Officer may:
examine witnesses either orally or upon affidavit;
administer oaths;
direct or require the production of books, papers and documents;
require the attendance of witnesses;
make separate or interim certificates;
require any party to be represented by a separate solicitor; and
do such other acts and direct or take all such other steps as are directed by these Rules or by the Court or a Justice.
53.04.2 Where a party entitled to costs refuses or neglects to have those costs taxed, and thereby prejudices another party, the Taxing Officer may, so as to prevent another party being prejudiced by that refusal or neglect:
certify the costs of the other party and the refusal or neglect; or
allow a nominal or other sum to the party refusing or neglecting to have that party’s costs taxed.
53.04.3 Where, in proceedings before the Taxing Officer, a party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense, the Taxing Officer may exercise the powers set out in rule 53.04.2.
53.04.4 A Taxing Officer may limit or extend any time for taking any step in a taxation whether or not the time for taking that step has expired.
This Act’s bill:Explanatory statement
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