What is the standard for assessment by the clerk under Rule 60(4) of the BC Tax Code?
Yukon, Canada
The following excerpt is from 1371737 Alberta Ltd. et al. v. 37768 Yukon Inc. et al., 2010 YKSC 17 (CanLII):
The standard for the assessment by the clerk under Rule 60(4) is much more discretionary. The initial burden of proof clearly rests on the party submitting the bill for taxation to establish affirmatively that the disbursement was necessary or proper and that it was reasonable in amount: see Swyers v. Drenth, [1995] B.C.J. No. 2184 (BCSC) at para. 18.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for findings of fact in a medical malpractice case? (Yukon, Canada)
What is the proper procedure for assessing evidence that may or may not support a claim of lien? (Yukon, Canada)
How have the courts interpreted the principle of "reasonable diligence" in assessing the facts of a claim? (Yukon, Canada)
What are the principles applied by the courts in assessing the credibility of the accused? (Yukon, Canada)
What is the standard of care established by law? (Yukon, Canada)
What is the standard of review under the Privative Clause? (Yukon, Canada)
What are the implications of the new provisions in the Criminal Code of Canada on the definition of mental health legislation? (Yukon, Canada)
When will the court order an assessment of the finances of the accused in a Rowbotham application? (Yukon, Canada)
What is the standard for establishing a prima facie case in negligence when a passenger is injured on a bus? (Yukon, Canada)
What is the standard of care imposed on the driver of a bus driver in a motor vehicle accident? (Yukon, Canada)
