s.28Bill of costs; taxation
28
Section 28Part 4 — SELECTION, REMUNERATION, ETC. OF ATTORNEY-AT-LAW

Bill of costs; taxation

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An assigned attorney-at-law shall in due course submit his bill of costs to the Clerk of the Court for taxation under subsection (7).
A bill of costs submitted in accordance with subsection (1) by an assigned attorney-at-law may be either a single bill covering the whole of the legal aid rendered by him or one of a series of bills.
Where an assigned attorney-at-law submits a series of bills, each bill in the series shall —
clearly indicate that it is one of a series;
be accompanied by a report on the status of the proceedings as of the date of the bill;
indicate the estimated time for completion of the proceedings;
be in respect of an amount of two thousand dollars or more; and
in the case of the final bill, indicate that fact and be accompanied by a report on the outcome of the proceedings which report shall indicate whether the assisted person has recovered any capital money or property.
Where costs are awarded in favour of an assisted person, the costs are due to the Government and to an assisted person who has contributed to the costs of his legal services; but the assisted person is only entitled to recover from such costs the amount by which the costs awarded exceed the actual amount of the legal aid assistance provided to him.
Costs referred to in subsection (4) which are due to the Government may be recovered by the Attorney General in any court of competent jurisdiction as a debt due to the Government.
A bill of costs submitted to the Clerk of the Court under this section shall be in such form as the Director may require.
The Clerk of the Court or a designated taxing officer shall tax every bill of costs submitted under this section —
in accordance with regulations made under section 42;
on the basis of what is necessary and reasonable having regard to the difficulty of the case and, in particular —
in the case of criminal proceedings, the gravity of the charge and the complexity of the proceedings; and
in the case of civil proceedings, the amount at issue; and
in the case where the bill of costs exceeds twenty thousand dollars, after consultation with the Director and the Court Administrator.
Upon taxation under this section the Clerk of the Court shall issue a certificate of legal aid taxation to the assigned attorney-at-law.

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