Guide to Fees in Divisional Court Appeals

ISBN 978-1-4868-2609-4
© Queen's Printer for Ontario, 2018

Inside this guide:

1. Part One: Introduction
   1. What court fees will I have to pay if I bring an appeal in the Divisional Court?
   2. What if I cannot afford to pay the fees?
2. Part Two: Superior Court of Justice and Court of Appeal Fees
3. Part Three: Fees for Court Transcripts

About this guide:

The information contained in this guide is simply an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Rules of Civil Procedure, which should be examined for specific information. Nothing contained, expressed or implied in this guide is intended as, or should be taken or understood as, legal advice. If you have any legal questions, you should see a lawyer.

Special thanks to the Divisional Court, whose Appeal Information Package provided valuable information for this series of Guides.

Guides are available in English and French. Visit our site for information about accessible formats.

Les guides sont affichées en anglais et en français. Visitez notre site pour des renseignements sur des formats accessibles.

Where to get more information:

The Ministry of the Attorney General has a series of guides to Divisional Court procedures which are available at court offices and the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral:

1. What is Divisional Court?
2. Guide to Appeals in Divisional Court
3. Guide to Serving Documents in Divisional Court Appeals
4. What can I do if my appeal to the Divisional Court is dismissed for delay or dismissed as abandoned?
5. Guide to Fees in Divisional Court Appeals

The guide entitled “What is Divisional Court?” includes a helpful overview of Divisional Court services, as well as a glossary of legal terms you may find helpful when reading the other guides.

Content of forms under the Rules of Civil Procedure is available at the following website: www.ontariocourtforms.on.ca. Please note the forms must be formatted in accordance with the Rules of Civil Procedure. You can find tips on completing forms at the end of this guide.

The staff behind the counter at any Divisional Court office are helpful. They will answer your questions about Divisional Court procedures, but keep in mind they cannot give legal advice and they cannot fill out your forms for you.

For more detailed information, you should refer to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. It is a regulation made under the authority of the Courts of Justice Act. To view the Rules on-line, go to www.ontario.ca/laws/regulation/900194.

Part One: Introduction

Court fees are set out in regulations made under the Administration of Justice Act. In Part Two of this guide, an excerpt of the Superior Court of Justice and Court of Appeal - Fees regulation is reproduced. In addition to these fees, there are also fees for preparing a transcript and required copies. Those fees are listed in the Fees for Court Transcripts regulation, an excerpt of which is set out in Part Three of this guide. Remember, you should always refer to the actual regulations.

The fee schedules in this guide are current as of the date of the guide. To be sure you have the current fee schedules, always refer to the regulations. The current regulations are available at the court office or at the Ontario government’s e-laws website at www.ontario.ca/laws/statute/90906.

Fees are payable in Canadian funds, and may be paid by cash, cheque or money order payable to the Minister of Finance. Where available, fees can also be paid by debit or credit card.

(Note that in addition to these fees, you may have other costs such as lawyers’ fees. This guide addresses court and transcript fees only.)

What court fees will I have to pay if I bring an appeal in the Divisional Court?

The fees that must be paid in a proceeding vary from case to case depending on what steps you take.

Example 1

Meera sues Norman for a debt he owes to her in Small Claims Court. Meera wins at trial but Norman disagrees with the judge and appeals the decision. In this situation, the total fees Norman would pay are as follows:

• Fee to file Notice of Appeal: $130
• Fee to file Certificate of Perfection: $608
• Transcript from Trial (e.g. 80 pages x $4.30): $344
• Total fees: $1082

Example 2

In the course of a trial for wrongful dismissal, the plaintiff tries to introduce evidence to which the defendant objects. The judge rules the evidence inadmissible so the plaintiff cannot use it. The plaintiff disagrees with the judge and seeks leave to appeal the decision. In this situation, the fees the plaintiff would pay are as follows:

• Fee to file Notice of Motion for Leave to Appeal: $320
• Fee to file Notice of Appeal: $229
• Fee to file Certificate of Perfection: $608
• Transcript from Trial (e.g. 40 pages x $4.30): $172
• Total fees: $1329

What if I cannot afford to pay the fees?

If you cannot afford to pay court or enforcement fees, you may request a fee waiver. The fee waiver applies to most fees in Divisional Court proceedings but not to fees for transcripts or copies of transcripts. More information about fee waiver is available at any court office and on the Ministry of the Attorney General website at: www.ontario.ca/attorneygeneral.

Part Two: Superior Court of Justice and Court of Appeal Fees

1. The following fees are payable, except in respect of proceedings to which section 1.2 applies:

1. On the issue of the following:
1. A statement of claim, notice of action or notice of application, $229.
2. A third or subsequent party claim, $229.
3. A statement of defence and counterclaim adding a party, $229.
4. A summons to a witness, $31.
5. A certificate, other than a certificate of a search by the registrar required on an lication for a certificate of appointment of estate trustee, $31.
6. A commission, $57.
7. A writ of execution, $73.
8. A notice of garnishment or notice of renewal of garnishment (including the filing of the ice with the sheriff), $146.
2. On the signing of the following:
1. An order directing a reference, subject to subparagraph ii, $297.
2. An order on requisition directing the assessment of a bill under the Solicitors Act,
1. if obtained by a client, $99,
2. if obtained by a solicitor, $183.
3. A notice of appointment for the assessment of costs under the Rules of Civil Procedure, $130.
3. On the filing of the following:
1. A notice of intent to defend, $183.
2. If no notice of intent to defend has been filed by the same party, a statement of defence, a ence to counterclaim, a defence to crossclaim or a third party defence, $183.
3. A notice of appearance, $162.
4. A notice of motion served on another party, a notice of motion without notice, a notice of ion for a consent order or a notice of motion for leave to appeal, other than a notice of motion in a family law appeal, $320.
5. A notice of return of motion, other than a notice of return of motion in a family law appeal, $320.
6. In a family law appeal, a notice of motion served on another party, a notice of motion hout notice, a notice of motion for a consent order or a notice of return of motion, $126.
7. A notice of motion for leave to appeal in a family law case, $126.
8. A requisition for signing of default judgment by registrar, $167.
9. A trial record, $810, for the first time only.
10. A notice of appeal or cross-appeal from an interlocutory order, $229.
11. A notice of appeal or cross-appeal to an appellate court of a final order of the Small Claims Court, $130.
12. A notice of appeal or cross-appeal to an appellate court of a final order of any court or bunal, other than the Small Claims Court or the Consent and Capacity Board, $229.
13. A request to redeem or request for sale, $130.
14. A jury notice in a civil proceeding, $130.
4. For obtaining an appointment with a registrar for settlement of an order, $130.
5. For perfecting an appeal or judicial review application, $608.
6. For making up and forwarding of papers, documents and exhibits, $99, plus any applicable nsportation costs.
7. For making copies of documents,
1. not requiring certification, $1 per page,
2. requiring certification, $3.50 per page.
8. For the inspection of a court file by,
1. a person who has entered into an agreement with the Ministry of the Attorney General for the k inspection of court files, $4 per file,
2. any other person, other than a solicitor or party in the proceeding, $10 per file.
9. For the retrieval from storage of a court file, $78.
10. For the taking of an affidavit or declaration by a commissioner for taking affidavits, $21.
11. For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available,
1. $22 for a single day’s recording, and
2. $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i.

1.1 (1) If a minor or other person under disability is entitled to receive a payment or payments under a multi-provincial/territorial assistance program agreement between Ontario and a person who has been infected with the human immunodeficiency virus through the receipt by transfusion of blood or a blood product, no fee is payable for the issue of a notice of application under Rule 7.08 of the Rules of Civil Procedure on behalf of the minor or other person under disability, despite subparagraph 1(i) of section 1. O. Reg. 272/94, s. 1; O. Reg. 136/04, s. 2, O. Reg. 335/16.

(2) Where before the coming into force of this Regulation an applicant on behalf of a minor or other person under disability has paid a fee for the issue of a notice of application referred to in subsection (1), the fee shall be refunded to the applicant. O. Reg. 272/94, s. 1.

For a full and up-to-date version of SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL — FEES refer to the Ontario government’s e-laws website at www.e-laws.gov.on.ca.

Beginning on January 1, 2023, and on every third January thereafter, court fees may be increased based on the Consumer Price Index.

Part Three: Fees for Court Transcripts

1. In this Regulation,
• “authorized court transcriptionist” means a member of a class of persons authorized by the Attorney General to transcribe recordings;
• “recording” means a recording made under subsection 5 (1) of the Evidence Act of a court proceeding or of evidence in a court proceeding.

2. The following fees are payable to an authorized court transcriptionist:
1. To transcribe all or part of a recording and produce a first certified copy of a transcript, $4.30 per page or $20.00, whichever is greater.
2. To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within five business days, $6.00 per page or $20.00, whichever is greater.
3. To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within 24 hours, $8.00 per page or $20.00, whichever is greater.
4. For any additional certified copy of the transcript, in printed format, $.55 per page or $20.00, whichever is greater.
5. For an electronic copy of the transcript, requested at the same time as a request for item 1, 2, 3 or 4, no charge.
6. For an electronic copy of the transcript, requested at any other time, $20.00.

For a full and up-to-date version of FEES FOR COURT TRANSCRIPTS refer to the Ontario government’s e-laws website at www.e-laws.gov.on.ca.

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Tips on Completing Forms in Divisional Court

1. BE NEAT. These are court documents. All court forms must be typed, handwritten or printed legibly. It may cause delays if your forms cannot be read.
2. Content of forms under the Rules of Civil Procedure is available at the following website: www.ontariocourtforms.on.ca. This content is not formatted. It is your responsibility to ensure that the form complies with the Rules of Civil Procedure (see for example Rule 4.01 with respect to formatting). Many of the Rules of Civil Procedure forms contain the phrase “General heading.” General headings are separate forms under the Rules of Civil Procedure and must be inserted where this phrase appears, with the proper content.
3. How to COUNT DAYS FOR TIMELINES in the Rules of Civil Procedure:

   When calculating timelines in the Rules of Civil Procedure, count the days by excluding the first day and including the last day of the period; where a period of less than seven days is prescribed, holidays (including Saturdays and Sundays) shall not be counted; if the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday.

   Holidays include:

   • any Saturday or Sunday
   • New Year’s Day
   • Family Day
   • Good Friday
   • Easter Monday
   • Victoria Day
   • Canada Day
   • Civic Holiday
   • Labour Day
   • Thanksgiving Day
   • Remembrance Day
   • Christmas Day
   • Boxing Day
   • any special holiday proclaimed by the Governor General or the Lieutenant Governor

   NOTE: If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. If Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday.

4. You can FILE your documents by mail or in person. It is best to file documents in person, because if any are incomplete, the clerk may inform you, and you can avoid wasting time mailing the documents back and forth. If you file documents by mail, the date of filing will be the date the documents are stamped upon receipt by the court office. If the court office does not receive the documents, they will be considered not to have been filed, unless the court orders otherwise (see Rule 4.05). All applicable fees and proof of service must be included with the documents when you mail them. Documents cannot be faxed or e-mailed to the court. Keep a copy of all original documents you forward to the court for your records.
5. Once court staff gives you a COURT FILE NUMBER, make sure it is written on the upper right-hand corner of ALL your documents.
6. Make enough COPIES of your completed forms/documents. Usually you will require one copy for each party who must be served and one copy for your own records. There is a fee to have copies made at the court office. Refer to the Guide to Fees in Divisional Court Appeals for more information.
7. COURT FEES must be paid to issue and file specific documents. A listing of Superior Court of Justice and Court of Appeal fees can be viewed at the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral or you can refer to the Guide to Fees in Divisional Court Appeals. Fees are payable in Canadian funds, and can be paid by cash, cheque or money order payable to the Minister of Finance. Where available, fees can also be paid by debit or credit card. If you cannot afford to pay court filing fees, you may request a fee waiver. The fee waiver applies to most fees in Divisional Court proceedings. More information about fee waiver is available at any court office and on the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral.
8. An AFFIDAVIT can be sworn or affirmed before:
   • a Divisional Court staff member who is a commissioner for taking affidavits (there is a fee for this service);
   • a lawyer or paralegal licensed by the Law Society of Ontario;
   • a notary public; or
   • a person who has been appointed a commissioner for taking affidavits.

   These individuals are authorized to commission oaths.

   You should come to the commissioner with identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner, since they will certify that it was sworn or affirmed in their presence.

   NOTE: It is a criminal offence to swear or affirm an affidavit you know is false.