What Is a Review Assessment?

A review assessment of costs is the process by which a review officer evaluates the reasonableness and propriety of costs incurred by a party in legal proceedings. This process ensures that parties are compensated fairly for their legal expenses while promoting efficiency and accountability in litigation. The Alberta Rules of Court (“ARC”) provide the framework for this critical procedure, offering detailed guidance for both litigants and legal professionals.

Role of the Review Officer

Previously referred to as the “Taxation Officer” under the old rules, the ARC now designates this role as the “review officer.” A review officer is a court-appointed individual tasked with evaluating the Bill of Costs submitted by the successful party in a case. The Bill of Costs must itemize all expenses, including legal fees, disbursements, and other charges. The review officer ensures these costs are reasonable, necessary, and compliant with the ARC, particularly the guidelines outlined in Schedule C.

Disputing the Bill of Costs

When a party disputes the Bill of Costs, an appointment for assessment is arranged using Form 45, ensuring all affected parties can participate in the review process. Guided by Rule 10.41, the review officer has the authority to adjust or disallow costs deemed excessive, unnecessary, or improperly claimed.

Factors Considered in Cost Assessments

A variety of factors influence the assessment process, including the complexity of the case, the conduct of the parties, and the necessity of incurred costs. Misconduct, procedural inefficiencies, or unnecessary actions can lead to disallowances or reductions in claimed amounts. Additionally, costs related to dispute resolution or expert fees are generally excluded unless exceptional circumstances apply.

Outcome of the Assessment

The final outcome of this process is a certified Bill of Costs, which serves as definitive proof of the amount owed under the costs award. This certification conclusively establishes the amount the responsible party is required to pay.

Conclusion

Whether you’re preparing a Bill of Costs or navigating a contested assessment, understanding the review process is essential to achieving fair and equitable outcomes in civil litigation. For professional advice and guidance on cost-related matters, consult Walsh LLP to ensure compliance and make informed decisions.

For further details or specific inquiries please contact:

Dan Fuller, Associate
Email: dfuller@walshlaw.ca
Telephone: 403.267.8443‬