PROPHET RIVER FIRST NATION v RATH & COMPANY, 2011 ABQB 408
10.7: Contingency fee agreement requirements
13.5: Variation of time periods
15.2: New rules apply to existing proceedings
15.6: Resolution of difficulty or doubt
The Applicant sought an Order permitting the Taxation of the Bill of Costs issued by the Respondent. Pursuant to former Rule 647, the Taxation was out of time, unless the Court directed that it proceed. Although neither Party argued that the matter should be heard under the new Rules of Court, Macleod J. found that, pursuant to Rule 15.2, the new Rules should apply to existing proceedings.
However, despite Rule 15.2, the Court held that Rule 15.6 affords the Court discretion to apply the old Rules to a matter which should otherwise proceed under the new Rules. In reaching this Decision, the Court noted that the history of this matter proceeded under the old Rules and that the application of former Rule 647 and the combination of new Rules 10.7 and 13.5 results in the same test to be applied with respect to the issue of Taxation. In light of these factors, the Court proceeded to apply the former Rules to the Application.View CanLII Details