Master schlosser

9.35: Checking calculations: assessment of costs and corrections
10.26: Appeal to judge

Case Summary

The Plaintiff applied for a review of an Assessment Officer’s decision in respect of Costs in a foreclosure Action. The Order allowed solicitor and client Costs to be assessed. The mortgage at issue provided for Costs on a full indemnity basis. Master Schlosser observed that there was no record other than the Review Officer’s notes and counsel’s letter. There was no basis to permit a detailed review of the reduction of the account, or the principals invoked by the Assessment Officer in declining to raise the account.

Master Schlosser noted that this was not an Appeal to a Judge of a Review Officer’s Decision under Rule 10.26, which is an Appeal on the Record. Rule 9.35(4) is comparatively more open, and is silent about the nature of the process. Master Schlosser treated this as a de novo Application, as Masters do not hear Appeals. Master Schlosser found that the considerations which apply to an Appeal under Rule 10.26 also apply to a Costs determination under Rule 9.35(4). Master Schlosser noted that there was some peripheral work relating to the file that was not captured by the tariff items or the time directly related to them. In the circumstances, Master Schlosser was willing to adjust the actual time to the amount allowed by the Assessment Officer.

View CanLII Details