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O. Reg. 10/05: Superior Court of Justice and Court of Appeal - Fees

filed January 31, 2005 under Administration of Justice Act, R.S.O. 1990, c. A.6

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ontario regulation 10/05

made under the

administration of justice act

Made: January 13, 2005
Filed: January 31, 2005
Printed in The Ontario Gazette: February 19, 2005

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:

 

1.

On the issue of,

 

 

i. a statement of claim or notice of action

$181.00

 

  ii. a notice of application

181.00

 

iii. a third or subsequent party claim

181.00

 

iv. a statement of defence and counterclaim adding a party

181.00

 

  v. a summons to a witness

22.00

 

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

22.00

 

for each additional page

2.00

 

vii. a commission

44.00

 

viii.  a writ of execution

55.00

 

ix. a notice of garnishment (including the filing of the notice with the sheriff)

115.00

2.

On the signing of,

 

 

i. an order directing a reference, except an order on requisition directing the assessment of a bill under the Solicitors Act

235.00

 

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

 

 

A. if obtained by a client

75.00

 

B. if obtained by a solicitor

144.00

 

iii. a notice of appointment for the assessment of costs under the Rules of Civil Procedure

104.00

3.

On the filing of,

 

 

i. a notice of intent to defend

144.00

 

  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

144.00

 

iii. a notice of appearance

102.00

 

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

127.00

 

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

127.00

 

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

 

vii. a notice of motion for leave to appeal in a family law case

90.00

 

viii.  a requisition for signing of default judgment by registrar

127.00

 

ix. a trial record, for the first time only

337.00

 

  x. a notice of appeal from an interlocutory order

181.00

 

xi. a notice of appeal to an appellate court of a final order of a small claims court

104.00

 

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

259.00

 

xiii.  a request to redeem or request for sale

104.00

 

xiv.  an affidavit under section 11 of the Bulk Sales Act

75.00

 

xv. a jury notice in a civil proceeding

104.00

4.

For obtaining an appointment with a registrar for settlement of an order

104.00

5.

For perfecting an appeal

201.00

6.

For the making up and forwarding of papers, documents and exhibits

75.00 and the transpor­tation costs

7.

For making copies of documents,

 

 

i. not requiring certification, per page

2.00

 

  ii. requiring certification, per page

4.00

8.

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

4.00

 

iii. by any other person, per file

32.00

9.

For the retrieval from storage of a court file

61.00

10.

For the taking of an affidavit or declaration by a commissioner for taking affidavits

13.00

11.

For a settlement conference under rule 77.14 of the Rules of Civil Procedure

127.00

2. 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

$75.00

2.

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

322.00

3.

For a notice of objection to accounts

69.00

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

173.00

5.

For a notice of objection other than a notice of objection to accounts, including the filing of a notice of appearance

69.00

6.

For a request for notice of commencement of proceedings

69.00

7.

For the deposit of a will or codicil for safekeeping

20.00

8.

For an assessment of costs, including the certificate

46.00

3. Subsection 3 (1) of the Regulation is revoked and the following substituted:

(1) The following fees are payable in an action under the Construction Lien Act:

 

1.

Where the claim, crossclaim, counterclaim or third party claim does not exceed $6,000,

 

 

i. on the issuing of a statement of claim, crossclaim, counterclaim or third party claim

$75.00

2.

Where the claim, crossclaim, counterclaim or third party claim exceeds $6,000,

 

 

i. on the issuing of a statement of claim, crossclaim, counterclaim or third party claim

181.00

 

  ii. on the filing of a statement of defence

104.00

 

iii. on the issuing of a certificate of action

104.00

 

iv. on the filing of a trial record

339.00

4. Subsection 4 (1) of the Regulation is revoked and the following substituted:

(1) The following fees are payable in respect of an application under the Repair and Storage Liens Act:

 

1.

On the filing of,

 

 

i. an application

$184.00

 

  ii. a notice of objection

104.00

 

iii. a waiver of further claim and a receipt

no charge

2.

On the issuing of,

 

 

i. an initial certificate

104.00

 

  ii. a final certificate

104.00

 

iii. a writ of seizure

55.00

 

 

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