C-25.01 - Code of Civil Procedure

Section 344 Disposition versions

2016-01-01

344. The party entitled to legal costs prepares a bill of costs based on the tariffs in force and notifies it to the debtor party, which then has 10 days to notify its opposition.

If such opposition is notified, the bill of costs is sent for taxation to the court clerk, who, to determine the costs, may require that it be proved by affidavit or witness testimony that the costs were incurred. In appeal, legal costs are taxed by the appellate clerk.

Once the bill of costs has been drawn up, a party may ask the clerk to homologate it. The clerk’s decision may be reviewed within 10 days by the court or, as applicable, by an appellate judge. The bailiff may also, within 10 days after becoming aware of the decision, ask for its review as regards the bailiff costs.

The decision concerning the taxation or homologation of the legal costs is executed in accordance with the rules of provisional execution.

2014, c. 1, a. 344.