CNR INVESTMENTS INC v WALLS, 2020 ABQB 291
10.36: Assessment of bill of costs
10.38: Assessment officer’s authority
10.41: Assessment officer’s decision
This was an Appeal by the Plaintiff from a Decision of an Assessment Officer to disallow certain Cost claims in a foreclosure Action.
The Court found that pursuant to Rules 10.36 and 10.41(3), the Assessment Officer could exercise discretion in the matter and could decide whether an item in a Bill of Costs was reasonably and properly incurred, and could disallow an item that was improper, unnecessary, excessive or a mistake. Furthermore, pursuant to Rule 10.38, the Assessment Officer’s authority extended to the manner in which he or she conducted the proceedings including requiring further information from the parties.
Ultimately, the Court ordered the Assessment Officer to reassess the claim for the service Costs of the two Applications as the Court found that the Assessment Officer had failed to discuss postage Costs or allow any amount for them.View CanLII Details