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Legal Profession Act - The Law Society of British Columbia

Legal Profession Act - The Law Society of British Columbia

LEGAL PROFESSION

LEGAL PROFESSION ACTCosts46 (1) The benchers may make rules governing the assessment of costs by a panel, areview board or a committee under this Act including(a) the time allowed for payment of costs, and(b) the extension of time for payment of costs.(2) If legal assistance employed by the benchers is provided by an employee of thesociety, the amount of costs that may be awarded under the rules in respect of thatlegal assistance may be the same as though the society had retained outsidecounsel.(3) The amount of costs ordered to be paid by a respondent or applicant under therules may be recovered as a debt owing to the society and, when collected, theamount is the property of the society.(4) For the purpose of recovering a debt under subsection (3), the executive directormay(a) issue a certificate stating that the amount of costs is due, the amountremaining unpaid, including interest, and the name of the person required topay it, and(b) file the certificate with the Supreme Court.(5) A certificate filed under subsection (4) with the Supreme Court is of the sameeffect, and proceedings may be taken on it, as if it were a judgment of the SupremeCourt for the recovery of a debt in the amount stated against the person named init.[2012-16-35]Review on the record47 (1) Within 30 days after being notified of the decision of a panel under section 22 (3)or 38 (5), (6) or (7), the applicant or respondent may apply in writing for a reviewon the record by a review board.(2) Within 30 days after the decision of a panel under section 22 (3), the credentialscommittee may refer the matter for a review on the record by a review board.(3) Within 30 days after the decision of a panel under section 38 (4), (5), (6) or (7), thediscipline committee may refer the matter for a review on the record by a reviewboard.(3.1) Within 30 days after an order for costs assessed under a rule made under section27 (2) (e) or 46, an applicant, a respondent or a lawyer who is the subject of theorder may apply in writing for a review on the record by a review board.34.4 [12/2012]

PART 5 – HEARINGS AND APPEALSAppeal(3.2) Within 30 days after an order for costs assessed by a panel under a rule madeunder section 46, the credentials or discipline committee may refer the matter for areview on the record by a review board.(4) If, in the opinion of a review board, there are special circumstances, the reviewboard may hear evidence that is not part of the record.(4.1) [repealed](5) After a hearing under this section, the review board may(a) confirm the decision of the panel, or(b) substitute a decision the panel could have made under this Act.(6) The benchers may make rules providing for one or more of the following:(a) the appointment and composition of review boards;(b) establishing procedures for an application for a review under this section;(c) the practice and procedure for proceedings before review boards.[2007-14-40, 216; 2012-16-36]48 (1) Subject to subsection (2), any of the following persons who are affected by adecision, determination or order of a panel or of a review board may appeal thedecision, determination or order to the Court of Appeal:(a) an applicant;(b) a respondent;(c) a lawyer who is suspended or disbarred under this Act;(d) the society.(2) An appeal by the society under subsection (1) is limited to an appeal on a questionof law.[2007-14-216; 2012-16-37][12/2012] 34.5

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