Objection, reconsideration and review
63.55 Objection, reconsideration and review
(1) Where a Taxing Master decides to allow or disallow, wholly or in part, an item in a bill or to allow some amount in respect of an item, a party to the taxation proceeding who objects to the decision may apply to have the Taxing
Master reconsider the decision.
(2) An application under subrule (1) shall be made by written notice to the Taxing Master.
(3) The notice must be filed within 14 days after the date of the order on taxation that contains the decision.
(4) The applicant shall file with or subscribe to a notice under subrule (2) a statement of his objections.
(5) A statement of objections referred to in subrule (4) shall specify, by a list, the items as to which the applicant objects to the decision of the Taxing Master and shall state briefly but specifically the nature and grounds of each objection.
(6) An applicant under subrule (1) shall, on the date of filing the notice and statement of objections, serve a copy of the notice and statement on each party interested.
(7) A party on whom a copy of the notice and statement is served under subrule (6) may, within 14 days after the service of the copy on him or such longer period as is fixed by the Taxing Master, deliver to the Taxing Master answers in writing to the objections stating concisely the grounds on which the party will oppose the objections and shall, at the same time serve a copy of the answers on the party applying for reconsideration and on each other interested party.
(8) On a notice and statement of objections being filed under this rule, the Taxing Master shall reconsider the decision to which objection is made and, subject to subrule (14), give to the parties his written reasons for his decision on reconsideration.
(9) On a reconsideration under subrule (8), a party shall not, unless the Taxing Master otherwise directs, raise a ground of objection not stated in a statement of objections.
(10) On the Taxing Master giving written reasons in accordance with subrule (8), he shall be deemed to have made an order under rule 63.54.
(11) Where a party interested objects to an order of the Taxing Master made following a reconsideration allowing or disallowing, wholly or in part, an item in a bill or allowing an amount in respect of an item, the Court may, on the application of that party, review the order of the Taxing
Master.
(12) An application under subrule (11) shall be made by Notice to Review.
(13) An application under subrule (11), shall be made to a Judge.
(14) A Judge may at any time, by order, dispense with the need for a Taxing Master to give reasons under subrule (8) and may give directions as to the conduct of the review.
(15) A Notice to Review referred to in subrule (12) shall state, by a list, each item in the bill in respect of which the party objects to the order of the Taxing
Master and shall also state specifically and concisely the grounds of objection to that order and the order sought in its place.
(16) A Notice to Review referred to in subrule (12) shall be filed, a copy lodged with the
Taxing Master and a copy served on each party interested, within 14 days after the order of the Taxing Master is made following the relevant reconsideration.
(17) On a review under subrule (11), the Court may:
(a) exercise all the powers and discretions of the Taxing Master in respect of the subject-matter of the review;
(b) set aside or vary the order of the Taxing Master;
(c) remit an item in the bill to the Taxing Master; or
(d) make such other order as it thinks fit.
(18) Except so far as a Judge or the Taxing Master otherwise orders, a review under this rule does not operate as a stay of execution or of proceedings under the order of the Taxing Master to which the review relates.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.