Small Claims Court Fees (20:App H)

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1. Fee Waiver

There are no settlementA resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer.", trialThe testing of the claims at issue in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a determination of the parties' claims against one another that is final and binding on the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction." conference or trial scheduling fees, unless an adjournmentThe suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled, normally until a specific date. is requested. If a trial date is reset less than 30 days before the date of the proceedingIn law, the whole of the conduct of a court proceeding, from beginning to end, and the steps in between; may also be used to refer to a specific hearing or trial. See "action.", the partyIn law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." adjourning the trial must pay $100 to the court. This fee does not apply if the matter must be reset due to the unavailability of a judgeA person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal., or if the party requesting the change was not notified of the trial date at least 45 days in advanceIn family law, this usually refers to one party obtaining a part of the property at issue before the property has been finally divided by court order or the parties' agreement. (Rule 17(5.2)). There are no fees for “interlocutoryLiterally, “between speakings;” refers to interim applications brought after the start of a court proceeding but before its conclusion. See "interim application" and "interim order."” applications. There are fees for some collection orders. Filing fees, interest, disbursements and, in most cases, reasonable expenses may be recovered from the unsuccessful party (Rule 20(2)). Legal (i.e. a lawyerA person licensed to practice law in a particular jurisdiction. See "barrister and solicitor."’s) fees are not recoverable. If a party cannot afford the court’s fees, they may apply to the registrarAn officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings." to be exempt from paying the fees (Rule 20(1)) by completing a Form 16 (Rule 16(3)).

2. Common Fees

a) For filing a notice of claimThe assertion of a legal right to an order or to a thing; the remedy or relief sought by a party to a court proceeding.

      (1) For claims up to and including $3,000:		$100
      (2) For claims over $3,000:				$156

b) For filing a replyIn law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut.", unless the defendant has agreed to pay all of the claim

      (1) For claims up to and including $3,000:		$26
      (2) For claims over $3,000:				$50

c) For filing a counterclaim or a revised reply containing new counterclaim

      (1) For counterclaims up to and including $3,000:	$100
      (2) For counterclaims over $3,000:			$156

=== d) For filing a third partyA person named in a court proceeding or joined to a proceeding who is neither the claimant nor the respondent. A third party may be joined to a proceeding where the respondent believes that the person has or shares some responsibility for the cause of action. See "action," "cause of action" and "party." notice === $25

e) For resetting a trial or hearingIn law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence." with less than 30 days’ notice before the date of the proceedings as set on the trial list, unless the matter must be reset due to the unavailability of a judge

                                                               $100

f) For personal serviceIn law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted." of a sheriff

      (1) For receiving, filing, personally serving one person, and returning the document together with a certificate or affidavit of serviceA legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service." or attempted serviceIn law, to formally deliver documents to a person in a manner that complies with the applicable rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person) or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service.":					
                                                               $100
      (2) For each additional person served at the same address:	
                                                               $20
      (3) For each additional person served not at the same address:	
                                                               $30

For a full list of fees see the Small Claims Rules Schedule A: http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_05#ScheduleA

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