O. Reg. 432/93: SMALL CLAIMS COURT - FEES AND ALLOWANCES
under Administration of Justice Act, R.S.O. 1990, c. A.6
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ONTARIO REGULATION 432/93
Amended to O. Reg. 17/00
SMALL CLAIMS COURT — FEES AND ALLOWANCES
Historical version for the period February 15, 2000 to January 30, 2005.
This is the English version of a bilingual regulation.
1. (1) The fees set out in Schedule 1 are payable to clerks of the Small Claims Court. O. Reg. 214/97, s. 1.
(2) In this section and Schedule 1,
“claim” does not include a defendant’s claim; (“demande”)
“claimant” includes an individual, a sole proprietorship, a partnership, an unincorporated organization and a corporation. (“réclamant”) O. Reg. 214/97, s. 1; O. Reg. 488/98, s. 1 (1).
(3) For the purposes of Schedule 1, a claimant who files a claim in a Small Claims Court office on or after January 1 in any calendar year and who has already filed 10 or more claims in the same office in that calendar year is a frequent claimant. O. Reg. 488/98, s. 1 (2).
(4) For the purposes of Schedule 1, a claimant who is not a frequent claimant under subsection (3) is an infrequent claimant. O. Reg. 488/98, s. 1 (2).
2. The fees and allowances set out in Schedule 2 are payable to bailiffs of the Small Claims Court. O. Reg. 432/93, s. 2.
3. The fees and allowances set out in Schedule 3 are payable to witnesses appearing before the Small Claims Court. O. Reg. 432/93, s. 3.
4. Omitted (revokes other Regulations). O. Reg. 432/93, s. 4.
5. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 432/93, s. 5.
SCHEDULE 1
CLERK’S FEES
1. |
Filing of a claim by an infrequent claimant |
$50.00 |
2. |
Filing of a claim by a frequent claimant |
145.00 |
3. |
Filing of a defendant’s claim |
50.00 |
4. |
Filing a notice of motion served on another party, a notice of motion without notice or a notice of motion for a consent order (except a notice of motion under the Wages Act) |
40.00 |
5. |
Filing a defence |
25.00 |
6. |
Issuing a summons to a witness |
10.00 |
7. |
Receiving for enforcement a process from the Ontario Court (Provincial Division) or an order or judgment as provided by statute |
25.00 |
8. |
Issuing a certificate of judgment |
10.00 |
9. |
Issuing a writ of delivery, a writ of seizure and sale or a notice of examination |
35.00 |
10. |
Issuing a notice of garnishment |
50.00 |
11. |
Preparing and filing a consolidation order |
75.00 |
12. |
Forwarding a court file to Divisional Court for appeal |
20.00 |
13. |
Issuing a certified copy of a judgment or other document, per page |
2.00 |
14. |
Transmitting a document other than by first class mail |
Cost of transmission |
15. |
For the inspection of a court file, |
|
i. by a solicitor or party in the proceeding |
no charge | |
ii. by a person who has entered into an agreement with the Attorney General for the bulk inspection of court files, per file |
1.00 | |
iii. by any other person, per file |
10.00 | |
16. |
Making a photocopy of a document not requiring certification, per page |
1.00 |
17. |
Preparing records of orders, per name |
2.00 |
18. |
In an application under the Repair and Storage Liens Act, |
|
i. on the filing of, |
||
A. an application |
100.00 | |
B. a notice of objection |
35.00 | |
C. a waiver of further claim and a receipt |
no charge | |
ii. on the issuing of, |
||
A. an initial certificate |
35.00 | |
B. a final certificate |
35.00 | |
C. a writ of seizure |
35.00 | |
19. |
Fixing of a date for trial by an infrequent claimant |
100.00 |
20. |
Fixing of a date for trial by a frequent claimant |
130.00 |
21. |
Entering of a default judgment by an infrequent claimant |
35.00 |
22. |
Entering of a default judgment by a frequent claimant |
50.00 |
O. Reg. 214/97, s. 2; O. Reg. 488/98, s. 2; O. Reg. 17/00, s. 1.
SCHEDULE 2
BAILIFF’S FEES
1. |
For up to three attempts, whether or not successful, to serve a claim, third party claim, summons to witness, notice of examination or notice of garnishment, for each person to be served |
$20.00 |
2. |
Enforcing a writ of delivery, whether or not successful and regardless of the total number of attempts |
30.00 |
3. |
Enforcing a writ of seizure and sale of personal property, whether or not successful and regardless of the total number of attempts, |
|
i. where no sale is necessary |
30.00 | |
ii. where a sale is necessary |
50.00 | |
4. |
Enforcing a writ of seizure under the Repair and Storage Liens Act, whether or not successful and regardless of the total number of attempts |
30.00 |
5. |
Enforcing a writ of delivery or a writ of seizure and sale of personal property, removing property seized, advertising the sale of personal property, including obtaining assistance in seizing, securing or retaining property |
Reasonable disbursements necessarily incurred, including appraisers’ fees |
O. Reg. 432/93, Sched. 2.
SCHEDULE 3
FEES AND ALLOWANCES TO WITNESSES
1. |
For attendance in court, unless item 2 applies, per day |
$6.00 |
2. |
For attendance in court by a barrister, solicitor, physician, surgeon, engineer or veterinary surgeon who is not a party to the action, to give evidence of a professional service rendered or to give a professional opinion, per day |
15.00 |
3. |
For travel to court |
Reasonable travelling expenses actually incurred, but not exceeding the kilometre allowance set out in Regulation 11 of the Revised Regulations of Ontario, 1990 |
O. Reg. 432/93, Sched. 3.