Can a solicitor’s taxed bill be enforced as a judgment of the court?

Alberta, Canada


The following excerpt is from Rusnak v. A.C.H.A.I.A. Holdings Ltd., 1983 CanLII 1100 (AB QB):

Rule 651 of the Rules of Court provides as follows: (1) Where the court has ordered the delivery of a taxable bill or the taxation of a bill, it may provide that the bill is to be paid upon taxation, in which case it becomes a judgment of the court upon taxation. (2) Upon taxation payment of any other bill of costs may be enforced upon the order of the court to be obtained on notice. This rule gives the court a discretion to order the enforcement of a solicitor’s taxed bill of costs as a judgment of the court. In this respect, I entirely agree with the decision of the master in chambers. Nothing in this rule requires the commencement of an action by way of statement of claim before the granting of an enforcement order. This issue was decided in Griffiths v. Hughes (1847), 16 M. & W. 809, 153 E.R 1418. I have found not subsequent authority to the contrary.

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