Difference between revisions of "How Do I Waive Filing Fees in the Supreme Court?"

Rule 20-5 allows the court to waive all or some of these fees for all or part of a court proceeding if the court is satisfied that you are indigent. You must make application for a finding that you are indigent.

Most people apply for indigent status at the same time that they're filing their Notice of Family Claim, a Response to Family Claim or Counterclaim. The point, of course, is to avoid the fees that you'd normally pay to file these documents. You can also apply for indigent status in the middle of a court proceeding if need to.

When your application is called, you'll have to explain to the master or judge why it is that you can't afford the court fees. Living on welfare, Employment Insurance, Old Age Security or CPP benefits is usually enough; it <span class="noglossary">will</span> be helpful if you can provide copies of your welfare statements, EI statements or other evidence to prove your income. If the court allows your application, you can then go back to the registry and file your pleadings — and all future materials — free of charge. If the court doesn't allow your application, well, you'll have to pay and that's that.

It is important to know that the court has an unlimited discretion to grant or refuse applications for indigent status. More importantly, even if you are broke, Rule 20-5(1) sets out three specific grounds for the court to refuse your application:

In other words, if you're one of those people who sues the Queen, the Prime Minister, the Premier and the Attorney General every time they sue their neighbour for playing their music too loudly, you can expect that your application for indigent status <span class="noglossary">will</span> be turfed. If your claim is legitimate and well-founded, and you meet the general criteria for indigency, you should expect to be awarded indigent status.

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