Court of Appeal

CASE NO.                                                     VOL. NO.                                                       PAGE

Cite as: Colchester Young Men’s Christian Association v. MCR Holdings Ltd., 1998

NSCA 216

THE COLCHESTER YOUNG                    - and -            MCR HOLDINGS LIMITED,

MEN’S CHRISTIAN ASSOCIATION                                a body corporate

Appellant                                                                               Respondent

C.A. No. 149077                                           Halifax                                   CHIPMAN, J.A.

APPEAL HEARD:                                       November 10, 1998

JUDGMENT DELIVERED:                       November 18, 1998

SUBJECT:                           PRACTICE - Costs - Powers of Taxing Master in taxing solicitor/client costs

PRACTICE - Summary Judgment

SUMMARY:                          The respondent taxed bill of costs for services of a solicitor and subsequently brought action against the appellant for the amount so taxed.  The appellant contended that it was not liable to pay for the services.  It had raised this issue unsuccessfully before the taxing master.  An application for summary judgment was made to a judge of the Supreme Court in Chambers who ruled that it was too late to raise the issue of retainer in an action brought on the bill.  This point having been raised before and decided by the taxing master.

ISSUE:                                   Whether the taxing master’s power extended to determining the issue of retainer.

RESULT:                              The Nova Scotia Court of Appeal, after examining the powers of the taxing master, held that the taxing master’s jurisdiction did not extend to determining the issue of retainer as opposed to the express powers given to the taxing master by the Barristers and Solicitors Act and the Civil Procedure Rules.  The appeal was allowed and the summary judgment was set aside.