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Administration of Justice Act

ONTARIO REGULATION 293/92

SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL — FEES

Consolidation Period:  From November 6, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 335/16.

This is the English version of a bilingual regulation.

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, $220.

ii. A third or subsequent party claim, $220.

iii. A statement of defence and counterclaim adding a party, $220.

iv. A summons to a witness, $30.

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, $30.

vi. A commission, $55.

vii. A writ of execution, $70.

viii. A notice of garnishment or notice of renewal of garnishment (including the filing of the notice with the sheriff), $140.

2. On the signing of the following:

i. An order directing a reference, subject to subparagraph ii, $285.

ii. An order on requisition directing the assessment of a bill under the Solicitors Act,

A. if obtained by a client, $95,

B. if obtained by a solicitor, $175.

iii. A notice of appointment for the assessment of costs under the Rules of Civil Procedure, $125.

3. On the filing of the following:

i. A notice of intent to defend, $175.

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, $175.

iii. A notice of appearance, $155.

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, $160.

v. A notice of return of motion, other than a notice of return of motion in a family law appeal, $160.

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, $90.

vii. A notice of motion for leave to appeal in a family law case, $90.

viii. A requisition for signing of default judgment by registrar, $160.

ix. A trial record, $405, for the first time only.

x. A notice of appeal or cross-appeal from an interlocutory order, $220.

xi. A notice of appeal or cross-appeal to an appellate court of a final order of the Small Claims Court, $125.

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, $220.

xiii. A request to redeem or request for sale, $125.

xiv. An affidavit under section 11 of the Bulk Sales Act, $95.

xv. A jury notice in a civil proceeding, $125.

4. For obtaining an appointment with a registrar for settlement of an order, $125.

5. For perfecting an appeal or judicial review application, $405.

6. For making up and forwarding of papers, documents and exhibits, $95, 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, $75.

10. For the taking of an affidavit or declaration by a commissioner for taking affidavits, $20.

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.  O. Reg. 10/05, s. 1; O. Reg. 272/05, s. 1; O. Reg. 169/07, s. 1; O. Reg. 247/12, s. 1; O. Reg. 335/16, s. 1.

1.1 (1) If a minor or other person under disability is entitled to receive a payment or payments under a multi-provincial/territorial assistance program agreement between Ontario and a person who has been infected with the human immunodeficiency virus through the receipt by transfusion of blood or a blood product, no fee is payable for the issue of a notice of application under Rule 7.08 of the Rules of Civil Procedure on behalf of the minor or other person under disability, despite subparagraph 1 i of section 1.  O. Reg. 272/94, s. 1; O. Reg. 136/04, s. 2; O. Reg. 335/16, s. 2 (1).

(2) Revoked: O. Reg. 335/16, s. 2 (2).

1.2 (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

$157.00

2.

On the filing of an answer, other than an answer referred to in item 3

125.00

3.

On the filing of an answer where the answer includes a request for a divorce by a respondent

157.00

4.

On the placing of an application on the list for hearing

280.00

5.

On the issue of a summons to a witness

19.00

6.

On the issue of a certificate with not more than five pages of copies of the Court document annexed

19.00

 

For each additional page

2.00

7.

For making copies of documents,

 

 

i. not requiring certification, per page

1.00

 

  ii. requiring certification, per page

3.50

8.

For making up and forwarding papers, documents and exhibits

65.00 and the 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. For a single day’s recording

22.00

 

  ii. For each additional day’s recording, if the request is made at the same time as a request under subitem i

10.50

O. Reg. 136/04, s. 3; O. Reg. 169/07, s. 2; O. Reg. 247/12, s. 2.

(2) Despite subsection (1), no fees are payable for the filing of an application, the filing of an answer or the placing of an application on the list for hearing in respect of,

(a) proceedings under the Children’s Law Reform Act, the Family Law Act (except Parts I and II), the Family Responsibility and Support Arrears Enforcement Act, 1996, the Marriage Act or the Interjurisdictional Support Orders Act, 2002; or

(b) proceedings to enforce an order for support, custody or access made under any of these Acts.  O. Reg. 136/04, s. 3.

2. (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, $125.

2. For an application of an estate trustee to pass accounts, including all services in connection with it, $390.

3. For a notice of objection to accounts, $85.

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, $210.

5. For a notice of objection other than a notice of objection to accounts, including the filing of a notice of appearance, $85.

6. For a request for notice of commencement of proceedings, $85.

7. For the deposit of a will or codicil for safekeeping, $25.

8. For an assessment of costs, including the certificate, $60.  O. Reg. 10/05, s. 2; O. Reg. 335/16, s. 3.

(2) The fees set out in section 1 are payable in estate matters in addition to the fees set out in subsection (1).  O. Reg. 293/92, s. 2.

3. (1) The following fees are payable in an action under the Construction Lien 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, $95.

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, $220,

ii. on the filing of a statement of defence, $155,

iii. on the issue of a certificate of action, $125,

iv. on the filing of a trial record, $405.  O. Reg. 10/05, s. 3; O. Reg. 335/16, s. 4.

(2) The fees set out in section 1, except those in paragraphs 1, 2 and 3 of that section, are payable in an action under the Construction Lien Act in addition to the fees set out in subsection (1).  O. Reg. 212/97, s. 2.

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, $220.

2. On the filing of a notice of objection, $155.

3. On the issue of an initial certificate or final certificate, $125.

4. On the issue of a writ of seizure, $70.  O. Reg. 10/05, s. 4; O. Reg. 335/16, s. 5.

(2) The fees set out in section 1, except those in paragraphs 1, 2 and 3 of that section, are payable in an action under the Repair and Storage Liens Act in addition to the fees set out in subsection (1).  O. Reg. 212/97, s. 3.

5. (1) The following fees are payable to an official examiner:

1. For the appointment, for each person examined, $9.50.

2. For the provision of facilities, $32, plus, if the examination is longer than two hours, $16 for each additional hour (or part of an hour).

3. For a reporter’s attendance, $40, plus, if the examination is longer than two hours, $20 for each additional hour (or part of an hour).

4. For the transcript of an examination, regardless of the party ordering,

i. $4 per page for one copy of the first transcript ordered,

ii. $3.40 per page for one copy of each transcript ordered after the reporter has satisfied the order for a transcript described in subparagraph i, and

iii. 80 cents for each additional copy ordered before the reporter has satisfied the order for a transcript described in subparagraph i or ii.

5. For handling costs, $5.50 per invoice.

6. For cancellation of or failure to keep an appointment, with less than three working days’ notice,

i. for the cancellation or failure to attend, $11.50,

ii. for the first two hours reserved for the appointment, $72, and

iii. for each additional hour (or part of an hour) reserved for the appointment, $36.  O. Reg. 212/97, s. 4; O. Reg. 335/16, s. 6 (1).

(2) The official examiner shall be paid, in addition to the fees set out in subsection (1), a travelling allowance in accordance with Regulation 11 of the Revised Regulations of Ontario, 1990 (Kilometre Allowances) made under the Act for attendance out of the office.  O. Reg. 293/92, s. 5 (2); O. Reg. 335/16, s. 6 (2).

(3) If a party requires a transcript within five working days of placing the order for the transcript, the party shall pay the official examiner 75 cents per page, in addition to the fee set out in paragraph 4 of subsection (1).  O. Reg. 293/92, s. 5 (3); O. Reg. 335/16, s. 6 (3).

(4) If a party requires a transcript within two working days of placing the order for the transcript, the party shall pay the official examiner $1.50 per page, in addition to the fee set out in paragraph 4 of subsection (1).  O. Reg. 293/92, s. 5 (4); O. Reg. 335/16, s. 6 (3).

(5) If more than one party requires a transcript as described in subsection (3) or (4), only the first party to place the order shall be required to pay the additional fee.

Note: A solicitor who is charged more than the amounts provided in section 5 of this Regulation or who receives a transcript that does not substantially conform with Rule 4.09 of the Rules of Civil Procedure should notify the Assistant Deputy Minister, Courts Administration Division, Ministry of the Attorney General, in writing.

O. Reg. 293/92, s. 5 (5).

6. (1) Beginning on January 1, 2020, and on every third January 1 thereafter, the fees payable under this Regulation shall be adjusted in accordance with the following, subject to subsection (3):

1. The fees payable immediately before the applicable January 1 date shall be increased by the percentage change between the Ontario Consumer Price Index for the calendar year that is two years before the year in which the adjustment is being made, and the Ontario Consumer Price Index for the calendar year that is five years before the year in which the adjustment is being made.

2. If the percentage change in the Ontario Consumer Price Index between the two applicable calendar years, as set out in paragraph 1, results in a negative amount, the fees shall not be increased.

3. Any fee that, once increased in accordance with paragraph 1, results in an amount that is not a whole number shall be rounded to the nearest dollar.  O. Reg. 335/16, s. 7.

(2) For the purposes of subsection (1), the Ontario Consumer Price Index is the Consumer Price Index for Ontario (All-Items) as published by Statistics Canada.  O. Reg. 335/16, s. 7.

(3) A fee shall not be adjusted under subsection (1) if, before the date on which the adjustment would otherwise take effect, the Minister responsible for the administration of the Act,

(a) determines that the fee as adjusted would exceed full cost recovery; and

(b) publishes notice of the determination, confirming the amount of the fee, on a Government of Ontario website.  O. Reg. 335/16, s. 7.

(4) This section does not apply to the fees set out in subparagraphs 3 vi and vii of section 1 and under subsection 1.2 (1).  O. Reg. 335/16, s. 7.

 

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