O. Reg. 41/19: SMALL CLAIMS COURT - FEES AND ALLOWANCES
filed March 22, 2019 under Administration of Justice Act, R.S.O. 1990, c. A.6
Skip to contentontario regulation 41/19
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. 332/16
(SMALL CLAIMS COURT - FEES AND ALLOWANCES)
1. Subsections 1 (2) and (3) of Ontario Regulation 332/16 are revoked and the following substituted:
(2) The following fees are payable to clerks of the Small Claims Court in respect of proceedings in that Court:
1. On the filing of a claim by an infrequent claimant, $102.
2. On the filing of a claim by a frequent claimant, $215.
3. On the filing of a defendant’s claim, $102.
4. On the filing of a notice of motion served on another party, a notice of motion without notice or a notice of motion for a consent order (except a notice of motion under the Wages Act), $120.
5. On the filing of a defence, $73.
6. For the fixing of a date for a trial or an assessment hearing by an infrequent claimant, $290.
7. For the fixing of a date for a trial or an assessment hearing by a frequent claimant, $380.
8. For the filing of a request for default judgment by an infrequent claimant, $89.
9. For the filing of a request for default judgment by a frequent claimant, $121.
10. On the issue of a summons to a witness, $31.
11. On receipt for enforcement of a process from the Ontario Court of Justice or an order or judgment as provided by statute, $42.
12. On the issue of a certificate of judgment, $28.
13. On the issue of a writ of delivery, a writ of seizure and sale or a notice of examination, $64.
14. On the issue or renewal of a notice of garnishment, $136.
15. For preparing and filing a consolidation order, $120.
16. For forwarding a court file to Divisional Court for appeal, $99.
17. For making up and forwarding of papers, documents and exhibits, $99 and the transportation costs.
18. For transmitting a document other than by mail, the cost of transmission.
19. For making copies of documents,
i. not requiring certification, $1 per page,
ii. requiring certification, $3.50 per page.
20. 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, $1 per file,
ii. any other person, other than a solicitor or party in the proceeding, $10 per file.
21. For the retrieval from storage of a court file, $78.
22. 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.
(3) The following fees are payable to clerks of the Small Claims Court, in addition to those payable under subsection (2), in an application under the Repair and Storage Liens Act:
1. On the filing of an application, $190.
2. On the filing of a notice of objection, $106.
3. On the issue of an initial or final certificate, $93.
4. On the issue of a writ of seizure, $64.
(4) 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.
2. Subsection 4 (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”.
Commencement
3. This Regulation comes into force on the later of April 1, 2019 and the day it is filed.