Form F86 Affidavit in Support to Waive Fees

Form F86 Affidavit in Support to Waive Fees is a prescribed form under the Supreme Court Family Rules. Rule 20-5 states that a court may exempt someone from paying certain fees if they receive employment assistance or disability benefits, or if paying the fees would create undue hardship. An affidavit in this form is one of the documents required in an application to waive fees.

Where to find this form and any examples

The following are links to blank versions of this form and any examples on Clicklaw Wikibooks or elsewhere online:

Number	Name	Blank PDF	Blank Word	Blank HTML	Completed Example	Other Resources
Form F86	Affidavit in Support to Waive Fees	PDF		HTML		DOC (fillable)

How to use this form

The page How Do I Waive Filing Fees in the Supreme Court? in JP Boyd on Family Law provides tips and examples on preparing an application.

See also

• See the full list of Supreme Court Family Forms.

External links

• Court Services Branch of the Ministry of Justice has an Order to Waive Fees Package.
• Legal Services Society's Family Law in BC website has a self-help guide called "How to get an order to waive fees".

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In the context of family law, this phrase comes up in Child Support Guidelines as well as applications to waive court fees. The term "undue" essentially means excessive, exceptional, or disproportionate. for example, if someone would have to sacrifice a reasonable expense in their life in order to pay the amount in question, this would be an undue hardship. In the Child Support Guidelines this term describes circumstances when payment of the table amount of child support would cause financial difficulty for either the payor or the recipient of support, potentially justifying an award of support in an amount different than the table amount. See "child support," "Child Support Guidelines" and "table amount."

A legal document in which a person provides evidence of certain facts and events in writing. The person making the affidavit, the deponent, must confirm that the statements made in the affidavit are true by oath or affirmation. Affidavits must be signed in front of a lawyer, a notary public or a commissioner for taking oaths, who takes the oath or affirmation of the deponent. Affidavits are used as evidence, just as if the person making the affidavit had made the statements as a witness at trial. See "deponent", "affirm," "oath" and "witness."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release."