O. Reg. 42/19: SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL - FEES
filed March 22, 2019 under Administration of Justice Act, R.S.O. 1990, c. A.6
Skip to contentontario regulation 42/19
made under the
Administration of Justice Act
Made: March 21, 2019
Filed: March 22, 2019
Published on e-Laws: March 22, 2019
Printed in The Ontario Gazette: April 6, 2019
Amending O. Reg. 293/92
(SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL - FEES)
1. Subsection 1 (1) of Ontario Regulation 293/92 is revoked and the following substituted:
(1) The following fees are payable, except in respect of proceedings to which section 1.2 applies:
1. On the issue of the following:
i. A statement of claim, notice of action or notice of application, $229.
ii. A third or subsequent party claim, $229.
iii. A statement of defence and counterclaim adding a party, $229.
iv. A summons to a witness, $31.
v. A certificate, other than a certificate of a search by the registrar required on an application for a certificate of appointment of estate trustee, $31.
vi. A commission, $57.
vii. A writ of execution, $73.
viii. A notice of garnishment or notice of renewal of garnishment (including the filing of the notice with the sheriff), $146.
2. On the signing of the following:
i. An order directing a reference, subject to subparagraph ii, $297.
ii. An order on requisition directing the assessment of a bill under the Solicitors Act,
A. if obtained by a client, $99,
B. if obtained by a solicitor, $183.
iii. A notice of appointment for the assessment of costs under the Rules of Civil Procedure, $130.
3. On the filing of the following:
i. A notice of intent to defend, $183.
ii. If no notice of intent to defend has been filed by the same party, a statement of defence, a defence to counterclaim, a defence to crossclaim or a third party defence, $183.
iii. A notice of appearance, $162.
iv. A notice of motion served on another party, a notice of motion without notice, a notice of motion for a consent order or a notice of motion for leave to appeal, other than a notice of motion in a family law appeal, $320.
v. A notice of return of motion, other than a notice of return of motion in a family law appeal, $320.
vi. In a family law appeal, a notice of motion served on another party, a notice of motion without notice, a notice of motion for a consent order or a notice of return of motion, $126.
vii. A notice of motion for leave to appeal in a family law case, $126.
viii. A requisition for signing of default judgment by registrar, $167.
ix. A trial record, $810, for the first time only.
x. A notice of appeal or cross-appeal from an interlocutory order, $229.
xi. A notice of appeal or cross-appeal to an appellate court of a final order of the Small Claims Court, $130.
xii. A notice of appeal or cross-appeal to an appellate court of a final order of any court or tribunal, other than the Small Claims Court or the Consent and Capacity Board, $229.
xiii. A request to redeem or request for sale, $130.
xiv. A jury notice in a civil proceeding, $130.
4. For obtaining an appointment with a registrar for settlement of an order, $130.
5. For perfecting an appeal or judicial review application, $608.
6. For making up and forwarding of papers, documents and exhibits, $99, plus any applicable transportation costs.
7. For making copies of documents,
i. not requiring certification, $1 per page,
ii. requiring certification, $3.50 per page.
8. For the inspection of a court file by,
i. a person who has entered into an agreement with the Ministry of the Attorney General for the bulk inspection of court files, $4 per file,
ii. any other person, other than a solicitor or party in the proceeding, $10 per file.
9. For the retrieval from storage of a court file, $78.
10. For the taking of an affidavit or declaration by a commissioner for taking affidavits, $21.
11. For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available,
i. $22 for a single day’s recording, and
ii. $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i.
2. Subsection 1.1 (1) of the Regulation is amended by striking out “section 1” at the end and substituting “subsection 1 (1)”.
3. Subsection 1.2 (1) of the Regulation is revoked and the following substituted:
(1) The following fees are payable in respect of proceedings that are governed by Ontario Regulation 114/99 (Family Law Rules), except for proceedings under rule 38 (appeals), to which section 1 applies:
1. On the filing of an application, $202.
2. On the filing of an answer, other than an answer referred to in paragraph 3, $161.
3. On the filing of an answer that includes a request for a divorce by a respondent, $202.
4. On the placing of an application on the list for hearing, $420.
5. On the issue of a summons to a witness, $31.
6. On the issue of a certificate, $24.
7. For making copies of documents,
i. not requiring certification, $1 per page,
ii. requiring certification, $3.50 per page.
8. For making up and forwarding papers, documents and exhibits, $99, plus any applicable transportation costs.
9. For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available,
i. $22 for a single day’s recording, and
ii. $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i.
4. Subsection 2 (1) of the Regulation is revoked and the following substituted:
(1) The following fees are payable in estate matters:
1. For a certificate of succeeding estate trustee or a certificate of estate trustee during litigation, $130.
2. For an application of an estate trustee to pass accounts, including all services in connection with it, $407.
3. For a notice of objection to accounts, $88.
4. For an application other than an application to pass accounts, including an application for proof of lost or destroyed will, a revocation of a certificate of appointment, an application for directions or the filing of a claim and notice of contestation, $219.
5. For a notice of objection other than a notice of objection to accounts, including the filing of a notice of appearance, $89.
6. For a request for notice of commencement of proceedings, $89.
7. For the deposit of a will or codicil for safekeeping, $26.
8. For an assessment of costs, including the certificate, $63.
5. Sections 3 and 4 of the Regulation are revoked and the following substituted:
3. (1) The following fees are payable in an action under the Construction Act:
1. If the claim, crossclaim, counterclaim or third party claim does not exceed $6,000, on the issuing of a statement of claim, crossclaim, counterclaim or third party claim, $99.
2. If the claim, crossclaim, counterclaim or third party claim exceeds $6,000,
i. on the issue of a statement of claim, crossclaim, counterclaim or third party claim, $229,
ii. on the filing of a statement of defence, $162,
iii. on the issue of a certificate of action, $130,
iv. on the filing of a trial record, $810.
(2) The fees set out in subsection (1) are payable in addition to those set out in subsection 1 (1), other than in paragraphs 1, 2 and 3 of that subsection.
4. (1) The following fees are payable in respect of an application under the Repair and Storage Liens Act:
1. On the filing of an application, $229.
2. On the filing of a notice of objection, $162.
3. On the issue of an initial certificate or final certificate, $130.
4. On the issue of a writ of seizure, $73.
(2) The fees set out in subsection (1) are payable in addition to those set out in subsection 1 (1), other than in paragraphs 1, 2 and 3 of that subsection.
6. (1) Subsection 6 (1) of the Regulation is amended by striking out “Beginning on January 1, 2020, and on every third January 1 thereafter” at the beginning and substituting “Beginning on January 1, 2023, and on every third January 1 that follows”.
(2) Subsection 6 (4) of the Regulation is revoked.
7. The Regulation is amended by adding the following section:
7. If the applicable filing fee is paid on the filing of a document electronically in accordance with the rules of court, the fee is not payable again on the subsequent filing of a paper copy of the document.
Commencement
8. This Regulation comes into force on the later of April 1, 2019 and the day it is filed.