Marginal note:Fees payable on issuance
1 (1) A party shall pay the following fees for the issuance of
(a) a statement of claim
(b) a statement of defence and counterclaim adding a party
(c) a third or subsequent party claim
(d) a notice of application $50
(e) a notice of appeal, other than appeals of prothonotaries’ and referees’ orders $50
(f) a subpoena
(g) a writ of execution
(h) an Anton Piller order, per defendant $50
Marginal note:Fees payable on filing
(2) A party shall pay the following fees for the filing of
(a) a notice of motion for an extension of time to commence a proceeding $20
(b) a notice of motion for leave to commence a proceeding $30
(c) a notice of motion for summary judgment
(c.1) a notice of motion for a summary trial $50
(d) a requisition for a pre-trial conference
(e) a notice of motion under rule 155 to fix the time and place for the hearing of a reference
(f) a requisition for a hearing date in an application or appeal in the Federal Court $50
(g) a caveat warrant, caveat release or caveat payment $20
(h) an order of a tribunal under rule 424 in the case of a party other than the Crown $20
(i) the first document, in each separate claim, after the Court has ordered, pursuant to paragraph 106(a), that claims against one or more parties be pursued separately (plaintiff only) $150
Marginal note:Fees payable for paper copies
(3) A person requesting paper copies of documents from the Registry shall pay $0.40 per page.
Marginal note:Fees payable for digital recording
(4) A person requesting a digital recording of all or part of any day of a proceeding from the Registry shall pay $15 per recording.
Marginal note:Fees payable for trial or hearing
2 Where a trial or hearing in the Federal Court lasts more than three days, each party who participated at the trial or hearing shall pay a fee determined by applying the formula
[(A × B) + C] / D
- is the number of days of trial or hearing in excess of three;
- is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days; and
- is the number of parties who participated at the trial or hearing.
Marginal note:Witness fees
3 (1) Subject to subsection (2), a witness is entitled to be paid by the party who arranged for or subpoenaed his or her attendance $20 per day plus reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater.
Marginal note:Expert witness
(2) Where a witness, other than a party, is an expert witness, the daily rate referred to in subsection (1) shall be $100.
Marginal note:Additional costs to witness
(3) A party may pay a witness, in lieu of the amount to which the witness is entitled under subsection (1) or (2), a greater amount equal to the expense or any loss incurred by the witness in attending a proceeding.
Marginal note:Amount established by contract
(4) In lieu of the amounts to which an expert witness is entitled under subsections (1) and (2), a party may pay the expert witness a greater amount established by contract for his or her services in preparing to give evidence and giving evidence.
Marginal note:Services of court officers
4 Subject to section 5, the amount payable for the services of a sheriff or of a person referred to in subsection 89(2) shall be the amount permitted for similar services by the tariff of the superior court of the province in which the services were rendered.
Marginal note:Sheriff’s services where no tariff provided
5 Where the practice of the superior court of the province in which a writ was executed does not provide for sheriff’s fees realizable on execution, the following fees and disbursements are payable to a sheriff on execution:
(a) on the amount recovered up to and including $1,000, five per cent of that amount;
(b) on the amount recovered in excess of $1,000 and up to and including $4,000, two and one-half per cent of that amount;
(c) on the amount recovered in excess of $4,000, one and one-half per cent of that amount; and
(d) mileage in respect of seizure and sale and all reasonable and necessary disbursements incurred in the care and removal of property.
- 2002, c. 8, s. 182;
- SOR/2002-417, s. 29(E);
- SOR/2004-283, ss. 29, 33;
- SOR/2013-18, ss. 19, 20;
- SOR/2015-21, s. 33.
- Date modified: