Rules for the Review of Lawyers' Bills < Act and Rules

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2(3) Any duty imposed on the Executive Director under these Rules may, in the absence of the Executive Director be performed by any person designated by Council to perform such duty.

3(1) A person who is a member in good standing of the Society, and has been a member of the Society for at least ten years, is eligible for appointment as a reviewing officer.

3(2) Council shall recommend to the Lieutenant-Governor in Council the appointment and removal of persons as reviewing officers.

3(3) The Executive Director shall maintain a current list of members appointed as reviewing officers by the Lieutenant-Governor in Council.

3(4) The Executive Director shall appoint reviewing officers in rotation from the list kept under subsection (3), to review bills and contingent fee agreements, taking into account regional and language requirements and any other requirements considered relevant by the Executive Director.

4(1) A person who wishes to have a lawyer's bill reviewed may do so under section 85 of the Act by preparing and serving a Notice of Review in Form 1 on the Executive Director and the opposite party.

4(2) When served with a Notice of Review under subsection (1), the Executive Director shall, as soon as practicable, but not later than fourteen days from the date of service, appoint a reviewing officer under subsection 3(4).

4(3) Immediately upon the appointment of a reviewing officer under subsection 2), the Executive Director shall notify the person giving the notice of review the name of the reviewing officer.

4(4) Not later than five days after being notified of the name of the reviewing officer under subsection (3), the person giving the notice of review shall provide the Executive Director with one hundred and fifty dollars to be paid to the reviewing officer to be applied against fees and expenses under section 10.

4(5) Upon compliance with subsection (4), the Executive Director shall prepare a Notice of Appointment of Reviewing Officer in Form 2, which shall be given to the parties to the review and the reviewing officer.

4(6) Subject to subsection 85(3) of the Act, the reviewing officer shall, within seven days of receipt of the Notice of Appointment of Reviewing Officer under subsection (5) give the parties to the review, not less than ten clear days' written notice of the date, time and place for the hearing of the review,

4(7) Unless the parties to the review otherwise consent, the hearing of the review shall not be more than thirty days after the date of the notice of appointment under subsection (5).

4(8) At least five days before the date of the hearing the party giving Notice of Review shall provide the reviewing officer with copies of the notice of review, bills to be reviewed, and any other documents to be presented at the hearing, and shall provide the opposite party with copies of any other documents that may not already be in that party's possession, and which are intended to be used at the hearing.

4(9) Service of any document required under these Rules may be made by any means by which personal service is allowed under the Rules of Court.

(a) after hearing the representations of the parties present, determine the manner in which evidence is to be taken either orally or by affidavit, or both,

(b) is not bound by the rules of evidence, and,

5(2) A reviewing officer may, with the approval of the Court, serve a Summons to Witness, in Form 33B of the Rules of Court with any necessary modifications on a person who is not a party to the review any documents in that person's possession, custody or control relating to the matters in question on the review.

5(3) A reviewing officer may require witnesses at the review to be sworn or to take an affirmation, and may administer the oath or affirmation.

7(1) On a review, a reviewing officer may approve and allow all or a portion of the bill for fees, costs, charges, disbursements, taxes and interest, as the reviewing officer considers just and reasonable.

7(2) Without limiting the powers of the reviewing officer under subsection (1), where a party to a review fails to respond to a request for information by the reviewing officer, the reviewing officer may approve the bill in total if the party failing to respond is the one from whom payment is claimed, or reduce the bill to nothing if the party failing to respond is the barrister and solicitor claiming payment.

8(1) A reviewing officer shall not keep a record of the proceedings but shall prepare an order in writing setting out the decision with reasons.

8(2) An order of a reviewing officer may include an award of costs where the reviewing officer considers it just and reasonable.

9(1) An appeal under section 91 of the Act shall be by way of notice of application under the Rules of Court with such modifications as the circumstances require.

9(2) On an appeal under section 91 of the Act, the Court may determine its own procedure, keeping in mind the most expeditious and least costly means of disposing of the issues.

9(3) A decision of the Court on appeal under section 91 of the Act may be appealed to the Court of Appeal of New Brunswick in accordance with subsection 8(3) of the Judicature Act.
(amended March 27, 2009)

(a) pay a fee for the service of the reviewing officer at the rate of seventy-five dollars per hour, and

(b) pay an expense allowance to the reviewing officer for expenses actually incurred which shall be in an amount in accordance with the expense allowance policy applicable to officers of the Society.