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Difference between revisions of "How Do I Waive Filing Fees in the Supreme Court?"
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How Do I Waive Filing Fees in the Supreme Court? (view source)
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|link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-order-waive-fees getting an order to waive <br/> Supreme Court fees] | |link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-order-waive-fees getting an order to waive <br/> Supreme Court fees] | ||
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The Supreme Court registry usually charges fees for a whole host of common court activities, such as for filing court forms, making applications to a judge or | The Supreme Court registry usually charges fees for a whole host of common court activities, such as for filing court forms, making applications to a judge or associate judge, and for hearings that go longer than 3 days. Some of these fees can be quite high and become a barrier to someone seeking <span class="noglossary">access</span> to the justice system. These fees are set out in [http://canlii.ca/t/8mcr Appendix C] of the ''Supreme Court Family Rules''. | ||
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 cannot afford them. You must make an application for a finding that you cannot afford the filing fees. This used to be called "applying for indigent status" or "applying for impoverished status." | 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 cannot afford them. You must make an application for a finding that you cannot afford the filing fees. This used to be called "applying for indigent status" or "applying for impoverished status." | ||
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If you file your materials before 10:00am, the registry may send you before a judge that morning, otherwise you may have to wait for the next day chambers is held. You do not have to give notice to the other side of your intention to make this application, and no fees are charged to apply to waive fees. | If you file your materials before 10:00am, the registry may send you before a judge that morning, otherwise you may have to wait for the next day chambers is held. You do not have to give notice to the other side of your intention to make this application, and no fees are charged to apply to waive fees. | ||
When your application is called, using the evidence set out in your affidavit, you'll have to explain to the | When your application is called, using the evidence set out in your affidavit, you'll have to explain to the associate judge or judge why it is that you can't afford the court fees. Living on income or disability assistance, Employment Insurance (EI), Old Age Security, or CPP benefits is usually enough. It <span class="noglossary">will</span> be helpful if you can provide copies of your income assistance statements, EI statements, or other evidence to prove your income. Documents you rely on in court should be attached to your affidavit as exhibits. | ||
You may want to look at the case of case of ''[https://canlii.ca/t/j1bsj Ma v. Zhao]'', 2019 BCCA 248 to understand how the courts are beginning to treat applications to waive fees. Here is what the Court of Appeal said: | You may want to look at the case of case of ''[https://canlii.ca/t/j1bsj Ma v. Zhao]'', 2019 BCCA 248 to understand how the courts are beginning to treat applications to waive fees. Here is what the Court of Appeal said: | ||
:"The application judge or | :"The application judge or associate judge is not required to accept the appellant’s financial information at face value. However, if the financial information can reasonably be interpreted as supporting the proposition that the appellant cannot afford to pay court fees without foregoing reasonable expenses, some explanation for rejecting such evidence would be necessary in light of the constitutional dimension of this issue." | ||
If the court allows your application, you can then go back to the registry and file your pleadings — and any future materials set out in the order you obtained — free of charge. An Order to Waive Fees only covers the fees set out in [http://canlii.ca/t/8mcr Appendix C] of the ''Supreme Court Family Rules'', however. If you need transcripts, for example, those must still be paid for. | If the court allows your application, you can then go back to the registry and file your pleadings — and any future materials set out in the order you obtained — free of charge. An Order to Waive Fees only covers the fees set out in [http://canlii.ca/t/8mcr Appendix C] of the ''Supreme Court Family Rules'', however. If you need transcripts, for example, those must still be paid for. | ||
