Bill 33 (Legislature 15, Session 5)

L15 S5 1234

Alberta — Bills

1967 Bill Fifth Session, 15th Legislature, 15 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

An Act to amend The Judicature Act THE ATTORNEY GENERAL First time .................................................................... Second time ................................................................ Third time ................................................................. Printed by L. S Wall, Queen's Printer, Edmonton BILL

An Act to amend The Judicature Act (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Judicature Act is hereby amended. 2.

Section is amended as to clause (

b) by striking out the word "eight" and by substituting the word "nine". 3. The following

section is added after

section 37: 37a. In any proceeding to which Her Majesty is a party, either as represented by the Attorney General of Alberta or otherwise, costs adjudged to Her Majesty shall not be dis allowed or reduced upon taxation merely because the so licitor or the counsel who earned the costs, or in respect of whose services the costs are charged, (

a) was a salaried officer of the Crown performing those services in the discharge of his duty and re munerated therefor by his salary, or (

b) was for that or any other reason not entitled to recover any costs from the Crown in respect of the services so rendered, and the costs recovered by or on behalf of Her Maj esty in any such case shall be paid into the General Revenue Fund. 4. The following

section is added after

section 38: 38a.

(1) No agreement between a barrister and so licitor and a client respecting the barrister's and solicitor's fees is invalid or unenforceable solely by reason of the fact that the amount of the fee is contingent or dependant, in whole or in part, upon the successful accomplishment or disposition of the matter to which the fee relates, if the agreement is made in compliance with the rules made under this section.

(2) The Lieutenant Governor in Council may by the Con solidated Rules of the Supreme Court make rules pre scribing conditions, restrictions and prohibitions to which any such agreement shall be subj ect. 5. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill will amend

chapter of the Revised Statutes. 2.

Section presently reads: 7. The Trial DivisiDn shall cDnsist (

a) of a Chief Justi'ce who shall be styled the Chief Justice of the Trial DivLsLon Df the Supreme CDurt Df Alberta, and (Ib) of eight Dther judges whO' .shall be called and be justices of the Supreme Court of Alberta. 3. Costs are not to be reduced merely because the solicitor earn- ing them is a salaried officer of the Crown. ' 4. The charging of contingent fees by lawyers is authorized sub ject to regulations. Title: 1967 (15th, 5th) Bill 33,

An Act to amend The Judicature Act

Document details

Collection	Alberta — Bills
Citation	L15 S5 1234
Type	bill
Volume / chapter	L15 S5 1234
Language	en
Format	json
Source	PROVINCIAL
Identifier	230d0b18f4d9e9939bc4e06a31e57d70df48e7c6

Source file is stored in the law ingest library (json).