Supreme Court Regulations 1985

prescribed fee means the fee that a party entitled to be paid costs is required to pay to the Court for the taxation of a bill of costs by the Taxing Master.

(2) There is no prescribed fee if, before the commencement of a taxation of a bill of costs, the Court or the Taxing Master makes an order by consent for payment of the costs in the bill.

(3) The prescribed fee for a completed taxation of a bill of costs is 7.5% of the amount of costs allowed for the whole bill, exclusive of costs allowed under rule 63.75 of the Supreme Court Rules 1987 for GST paid or payable on other taxed costs in the bill.

(4) If the Taxing Master commences to tax a bill of costs but does not complete the taxation because he or she makes an order by consent for payment of costs, or for any other reason, the Taxing Master may order that the amount of costs allowed for the part of the bill that has been taxed is the amount on which the prescribed fee is to be calculated, and the prescribed fee is 7.5% of that amount.

(5) In an order stating the amount of costs allowed for a bill of costs the Taxing Master must, if a prescribed fee is payable, specify the amount of the prescribed fee and add it to the amount of the costs allowed.

(6) Subject to subregulation (7), a party who is required to pay a prescribed fee must do so 28 days after the Taxing Master makes the order allowing costs in the bill of costs.

(7) If a party to a taxation proceeding applies under rule 63.55 of the Supreme Court Rules 1987:

(a) to the Taxing Master for reconsideration of a decision made by the Taxing Master; or

the party who is required to pay the prescribed fee need not do so until 14 days after the determination of the application.

(8) Immediately after a party who is required to pay a prescribed fee does so, the party liable to pay the costs of that party is liable to pay that party an amount equal to the prescribed fee.