O. Reg. 136/04: Superior Court of Justice and Court of Appeal - Fees, Filed May 21, 2004 under Administration of Justice Act, R.S.O. 1990, c. A.6
ontario regulation 136/04
made under the
administration of justice act
Made: May 21, 2004
Filed: May 21, 2004
Printed in The Ontario Gazette: June 5, 2004
Amending O. Reg. 293/92
(Superior Court of Justice and Court of Appeal — Fees)
1. Section 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:
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1. |
On the issue of, |
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i. a statement of claim or notice of action |
$157.00 |
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ii. a notice of application |
157.00 |
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iii. a third or subsequent party claim |
157.00 |
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iv. a statement of defence and counterclaim adding a party |
157.00 |
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v. a summons to a witness |
19.00 |
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vi. a certificate, other than a certificate of a search by the registrar required on an application for a certificate of appointment of estate trustee, and not more than five pages of copies of the Court document annexed |
19.00 |
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for each additional page |
2.00 |
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vii. a commission |
38.00 |
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viii. a writ of execution |
48.00 |
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ix. a notice of garnishment (including the filing of the notice with the sheriff) |
100.00 |
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2. |
On the signing of, |
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i. an order directing a reference, except an order on requisition directing the assessment of a solicitor and client bill of costs |
204.00 |
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ii. an order on requisition directing the assessment of a solicitor and client bill of costs, |
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A. if obtained by a client |
65.00 |
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B. if obtained by a solicitor |
125.00 |
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iii. a notice of appointment for the assessment of party and party costs |
90.00 |
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3. |
On the filing of, |
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i. a notice of intent to defend |
125.00 |
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ii. a statement of defence where no notice of intent to defend has been filed by the same party |
125.00 |
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iii. a notice of appearance |
89.00 |
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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 or under Part IV of the Landlord and Tenant Act |
110.00 |
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v. a notice of return of motion, other than a notice of return of motion in a family law appeal or under Part IV of the Landlord and Tenant Act |
110.00 |
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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 |
90.00 |
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vii. a notice of motion for leave to appeal in a family law case |
90.00 |
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viii. a requisition for signing of default judgment by registrar |
90.00 |
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ix. a trial record, for the first time only |
293.00 |
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x. a notice of appeal from an interlocutory order |
157.00 |
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xi. a notice of appeal to an appellate court of a final order of a small claims court |
90.00 |
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xii. a notice of 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 |
225.00 |
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xiii. a request to redeem or request for sale |
90.00 |
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xiv. an affidavit under section 11 of the Bulk Sales Act |
65.00 |
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xv. a jury notice in a civil proceeding |
90.00 |
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4. |
For obtaining an appointment with a registrar for settlement of an order |
90.00 |
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5. |
For perfecting an appeal |
175.00 |
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6. |
For the making up and forwarding of papers, documents and exhibits |
65.00 and the transportation costs |
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7. |
For making copies of documents, |
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i. not requiring certification, per page |
2.00 |
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ii. requiring certification, per page |
3.50 |
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8. |
For the inspection of a court file, |
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i. by a solicitor or party in the proceeding |
no charge |
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ii. by a person who has entered into an agreement with the Attorney General for the bulk inspection of court files, per file |
3.50 |
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iii. by any other person, per file |
28.00 |
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9. |
For the retrieval from storage of a court file |
53.00 |
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10. |
For the taking of an affidavit or declaration by a commissioner for taking affidavits |
11.00 |
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11. |
For a settlement conference under rule 77.14 of the Rules of Civil Procedure |
110.00 |
2. Subsection 1.1 (1) of the Regulation is amended by striking out “sub-subparagraph B of subparagraph iii of paragraph 1 of section 1” and substituting “subparagraph ii of paragraph 1 of section 1”.
3. The Regulation is amended by adding the following section:
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:
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1. |
On the filing of an application |
$157.00 |
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2. |
On the filing of an answer, other than an answer referred to in item 3 |
125.00 |
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3. |
On the filing of an answer where the answer includes a request for a divorce by a respondent |
157.00 |
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4. |
On the placing of an application on the list for hearing |
280.00 |
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5. |
On the issue of a summons to a witness |
19.00 |
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6. |
On the issue of a certificate with not more than five pages of copies of the Court document annexed |
19.00 |
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For each additional page |
2.00 |
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7. |
For making copies of documents, |
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i. not requiring certification, per page |
2.00 |
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ii. requiring certification, per page |
3.50 |
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8. |
For making up and forwarding papers, documents and exhibits |
65.00 and the transportation costs |
(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.
4. This Regulation comes into force on July 1, 2004.
