O. Reg. 42/19: SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL - FEES

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ontario 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.

 

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