55 Assessment and review of costs
the fair and reasonable value of the services performed and the
necessary and reasonable expenses actually incurred.
(2) A party to an arbitration may have an arbitrator's account for
fees and expenses reviewed by a review officer under the Alberta
Rules of Court in the same manner that a lawyer's account for
lawyer's charges may be reviewed.
(3) If the arbitral tribunal awards costs and directs that they be
assessed, or awards costs without fixing the amount or indicating
how it is to be ascertained, a party to the arbitration may have the
costs assessed by an assessment officer under the Alberta Rules of
Court in the same manner as costs awarded may be assessed under
the Rules in similar circumstances.
(4) In assessing the part of the costs represented by the fees and
expenses of the arbitral tribunal, the assessment officer shall apply
the same principles as in the review of an account under subsection
(2).
(5) Subsection (2) applies even if the account has been paid.
(6) On the application of a party to the arbitration, the court may
review the assessment of costs or the review of the arbitrator's
account and may confirm it, vary it, set it aside or remit it to the
assessment officer or review officer with directions.
(7) On the application of an arbitrator the court may review the
review of the arbitrator's account and may confirm it, vary it, set it
aside or remit it to the review officer with directions.
(8) An application for review under subsection (6) or (7) may not
be made after the period specified in the assessment officer's or
review officer's certificate has elapsed or, if no period is specified,
more than 30 days after the date of the certificate, unless the court
orders otherwise.
(9) When the time during which an application for review may be
made has expired and no application has been made, or when the
court has reviewed the assessment or review and made a final
determination, the assessment officer's or review officer's
certificate may be filed with the court and enforced as if it were a
judgment of the court.
RSA 2000 cA-43 s55;2009 c53 s24
RSA 2000