Appendix B-C -- Supreme Court Rules

This archived regulation consolidation is current to December 9, 2005 and includes changes enacted and in force by that date. For the most current information, click here.

Court Rules Act
SUPREME COURT RULES — Continued

Appendix B

PARTY AND PARTY COSTS

Interpretation

1 In this Appendix "process" means the drawing, filing, service or delivery of a document and any amendment to it or particulars of it, but does not include an application made with respect to the process or any part of the process.

Scale of costs

2 (1) Where a court has made an order for costs, it may fix the scale, from Scale 1 to 5 in subsection (2), under which the costs will be assessed, and may order that one or more steps in the proceeding be assessed under a different scale from that fixed for other steps.

(2) In fixing the scale of costs the court shall have regard to the following principles:

(a) Scale 1 is for matters of little difficulty;

(b) Scale 2 is for matters of less than ordinary difficulty;

(d) Scale 4 is for matters of more than ordinary difficulty or importance;

(e) Scale 5 is for matters of unusual difficulty or importance.

(3) In fixing the appropriate scale under which costs will be assessed, the court may take into account the following:

(a) whether a difficult issue of law, fact or construction is involved;

(b) whether an issue is of importance to a class or body of persons, or is of general interest;

(c) whether the result of the proceeding effectively determines the rights and obligations as between the parties beyond the relief that was actually granted or denied.

(4) Where an order for costs has been made, or where, on a settlement, payment of assessed costs has been agreed to, but no scale has been fixed or agreed to, then the costs shall be assessed under Scale 3, unless a party, on application, obtains an order of the court that the costs be assessed under another scale.

(5) Where costs may be assessed without order or agreement, the scale of costs shall be fixed by the registrar upon the assessment.

(6) If costs are payable on acceptance of an offer to settle made under Rule 37, the costs shall be assessed under Scale 3.

[am. B.C. Regs. 10/92, s. 16; 95/96, s. 29.]

Value of units

3 (1) The value for each unit allowed on an assessment conducted after July 1, 1998 is as follows:

(a) Scale 1 — $40 for each unit;

(b) Scale 2 — $60 for each unit;

(d) Scale 4 — $100 for each unit;

(e) Scale 5 — $120 for each unit.

(2) Where maximum and minimum numbers of units are provided for in an Item in the Tariff, the registrar has the discretion to allow a number within that range of units.

(3) In assessing costs where the Tariff indicates a range of units, the registrar shall have regard to the following principles:

(a) one unit is for matters upon which little time should ordinarily have been spent;

(b) the maximum number of units is for matters upon which a great deal of time should ordinarily have been spent.

[am. B.C. Regs. 10/92, s. 17; 161/98, s. 27.]

Per diem rates

4 (1) Where in a Tariff Item a number of units is allowed for each day but the time spent during a day is not more than 2 1/2 hours, only 1/2 of the number of units shall be allowed for that day.

(2) Where in a Tariff Item a number of units is allowed for each day but the time spent during a day is more than 5 hours, the number of units allowed for that day shall be increased by 1/2 of the number.

(3) Where in a Tariff Item a number of units is allowed for preparation for an attendance but the time spent on the attendance is not more than 2 1/2 hours, only 1/2 of the number of units for preparation shall be allowed.

(4) Where in the Tariff units may be allowed for preparation for an activity, the registrar may allow units for preparation for an activity that does not take place or is adjourned up to the maximum allowable for one day.

[am. B.C. Reg. 10/92, s. 18.]

Uncontested family law proceedings

5 In a family law proceeding in which no claim, other than a claim for costs, has been contested, the costs shall be assessed under Scale 2.

[en. B.C. Reg. 161/98, s. 28.]

Uncontested foreclosure proceedings

6 In a proceeding under Rule 50, uncontested at the hearing on any issue except costs, the costs shall be assessed under Scale 2.

Increased costs

7 (1) Where the court determines that for any reason there would be an unjust result if costs were assessed under Scales 1 to 5, the court may, at any time before the assessment has been completed, order that costs be assessed as increased costs under subsection (2).

(2) Where costs are ordered to be assessed as increased costs, the assessing officer shall fix the fees that would have been allowed if an order for special costs had been made under Rule 57 (3), and shall then allow 1/2 of those fees, or a higher or lower proportion as the court may order, together with all proper expenses and disbursements.

(3) No order for increased costs may be made after July 1, 2002.

[am. B.C. Reg. 20/2002.]

Default judgment and process for execution

8 (1) Where judgment is entered upon default of appearance or of pleading, the costs shall be in accordance with Schedule 1.

(2) Where a writ of execution or garnishing order, or process in Forms 51 to 53, is issued, the costs shall be endorsed on the process and allowed in accordance with Schedule 2, instead of Item 32.

(3) The amount involved under subsection (1) is the amount for which the judgment is entered.

(4) The amount involved under subsection (2) is the amount payable, if any, that is endorsed on the process.

(5) In addition to the fees set out in Schedules 1 and 2, the costs of any application to the court relating to the judgment or to the process for execution may be ordered to be assessed under the Tariff.

[am. B.C. Reg. 10/92, s. 19.]

Apportionment where proceedings tried together

9 Where 2 or more proceedings have, by order, been tried at the same time or tried one after the other and no order has been made as to apportionment of costs, the registrar may

(a) assess 2 or more bills as one bill,

(b) allow an item once or more than once, or

[en. B.C. Reg. 10/92, s. 20.]

Offer to settle bill of costs

10 A party to an assessment may deliver to another party an offer to settle the amount of the bill of costs in Form 118 and, after the assessment has been completed, may produce the offer to the registrar, and the registrar shall determine whether the offer should have been accepted and, if so, may disallow items of the Tariff which relate to the assessment to the party presenting the bill, and

(a) allow, by way of set off, items of the Tariff which relate to the assessment to the party making the offer, or

(b) allow double the value of items of the Tariff which relate to the assessment to the party presenting the bill and making the offer.

[en. B.C. Reg. 10/92, s. 20.]

SCHEDULE 1

Item
1	Where the amount involved is
	(a) less than $5 000 .....................................................................................................................	$100
	(b) $5 000 or more, but less than $10 000 .................................................................................	125
	(c) $10 000 or more, but less than $20 000 ................................................................................	175
	(d) $20 000 or more, but less than $30 000 ...............................................................................	225
	(e) $30 000 or more, but less than $40 000 ................................................................................	275
	(f) $40 000 or more, but less than $50 000 ................................................................................	325
	(g) $50 000 or more, but less than $60 000 ...............................................................................	375
	(h) more than $60 000 ..................................................................................................................	400
2	Where no amount is involved ............................................................................................................	200
3	And in addition, disbursements.

SCHEDULE 2

Item
1	Where the amount involved is
	(a) less than $5 000 ......................................................................................................................	$20
	(b) $5 000 or more, but less than $10 000 ..................................................................................	30
	(c) $10 000 or more, but less than $20 000 ................................................................................	40
	(d) $20 000 or more, but less than $30 000 ................................................................................	55
	(e) $30 000 or more, but less than $40 000 ................................................................................	70
	(f) $40 000 or more, but less than $50 000 .................................................................................	85
	(g) $50 000 or more, but less than $60 000 ................................................................................	100
	(h) more than $60 000 ..................................................................................................................	110
2	Where no amount is involved .............................................................................................................	60
3	And in addition, disbursements.

Schedule 3

[en. B.C. Reg. 83/2002, Sch. s. 12.]

Item
1.	If the application is unopposed
	(a)	Scale 1	$182
	(b)	Scale 2	$274
	(c)	Scale 3	$365
	(d)	Scale 4	$456
	(e)	Scale 5	$547
	And, in addition, in lieu of disbursements		$120
2.	If the application is opposed and requires 1/2 a day or less for the hearing
	(a)	Scale 1	$228
	(b)	Scale 2	$342
	(c)	Scale 3	$456
	(d)	Scale 4	$570
	(e)	Scale 5	$684
	And, in addition, in lieu of disbursements		$120
3.	If the application is opposed and requires more than 1/2 a day for the hearing
	(a)	Scale 1	$410
	(b)	Scale 2	$616
	(c)	Scale 3	$821
	(d)	Scale 4	$1 026
	(e)	Scale 5	$1 231
	And, in addition, in lieu of disbursements		$120

**TARIFF**
[am. B.C. Regs. 387/90, s. 7; 10/92, s. 21; 101/2001, s. 9; 83/2002, Sch. s. 13.]
Item	Description	Units
	Instructions and investigations
1	Correspondence, conferences, instructions, investigations or negotiations by a party relating to a proceeding, whether before or after commencement, for which provision is not made elsewhere in this tariff.	Minimum Maximum	1 20
2	Instructions to an agent to appear at a trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding, where necessary or proper, and where held more than 40 km from the place where the instructing solicitor carries on business.		1
	Pleadings
3	All process, for which provision is not made elsewhere in this tariff, for commencing and prosecuting a proceeding.	Minimum Maximum	1 10
4	All process, for which provision is not made elsewhere in this tariff, for defending a proceeding, and for commencing and prosecuting a counterclaim.	Minimum Maximum	1 10
5	All process for which provision is not made elsewhere in this tariff for commencing and prosecuting or defending a third party proceeding.	Minimum Maximum	1 10
6	Defence to counterclaim and, where necessary, reply.	Minimum Maximum	1 10
	Discovery
7	Process for obtaining discovery and inspection of documents.	Minimum Maximum	1 10
8	Process for giving discovery and inspection of documents.	Minimum Maximum	1 10
9	Process for delivering interrogatories	Minimum Maximum	1 10
10	Process for answering interrogatories.	Minimum Maximum	1 10
11	Process for delivering notices to admit.	Minimum Maximum	1 5
12	Process for making admission of facts.	Minimum Maximum	1 5
13	Process for preparation of accounts, statement of property or financial information where required by enactment or by order of court.	Minimum Maximum	1 10
	Examinations
14	Preparation for examination of a person coming under Item 15 for each day of attendance (a) by party conducting examination. (b) by party being examined.		4 3
15	Attendance on examination of a person for discovery, on affidavit, upon a subpoena to debtor, or in aid of execution, or of a person before trial under Rule 28 or 38, or any other analogous proceeding, for each day (a) by party conducting examination. (b) by party being examined.		8 5
	Applications, Hearings and Conferences
16	Preparation for an application or other matter referred to in Item 17, for each day of hearing where hearing commenced (a) where unopposed. (b) where opposed.		2 3
17	Interlocutory application or other application for which provision is not made elsewhere in this tariff, for each day (a) where unopposed. (b) where opposed		4 5
17.1	Preparation for a hearing referred to in Item 17.2, for each day of hearing.		3
17.2	Reference to, or inquiry, assessment, accounting or hearing before, or on appeal from, a master, registrar or special referee, with or without witnesses and whether before or after judgment, for each day.		6
18	Preparation for an application or other matter referred to in Item 19, for each day of hearing. (a) if unopposed (b) if opposed		4 5
19	Hearing of proceeding including originating application, special case, proceeding on a point of law, interpleader or any other analogous proceeding, and applications for judgment under Rules 18, 18A and 31 (6), for each day. (a) if unopposed (b) if opposed		6 10
20	Preparation for attendance referred to in Item 21, for each day of attendance.		2
21	Attendance before a registrar to settle an order or to assess costs, for each day.		4
22	Preparation for attendance referred to in Item 23, for each day of attendance	Minimum Maximum	1 3
23	Attendance at a pre-trial, or settlement conference or a mini-trial, for each day.	Minimum Maximum	1 5
	Trial
24	Preparation for trial, if proceeding set down for each day of trial		5
25	Attendance at trial of proceeding or of an issue in a proceeding, for each day.		10
26	Written argument	Minimum Maximum	1 10
26.1	Preparation of an outline under Rule 51A	Minimum Maximum	1 3
27	Attendance at the court for trial or hearing where party is ready to proceed and when trial or hearing not commenced.		3
28	Attendance to speak to trial or hearing list.		1
	Attendance at Registry
29	Process for payment into or out of court.		1
30	(a) process for setting down proceeding for trial, and (b) where case management program filed.		1 1
31	Process relating to entry of an order or a certificate of costs when Item 21 or 34 does not apply.		1
32	All process, for which provision is not made elsewhere in this tariff, relating to execution upon or enforcement of an order, exclusive of any application to the court.		1
	Miscellaneous
33	Conduct of sale where property sold by order of court.	Minimum Maximum	1 10
34	Negotiations, including mediation, and process for settlement, discontinuance, or dismissal by consent of any proceeding if settled, discontinued, or dismissed by consent as a result of the negotiations.		5
35	Repealed. [B.C. Reg. 83/2002, Sch. s. 13 (f).]		1
36	Travel by a solicitor to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding where held more than 40 km from the place where the solicitor carries on business, for each day upon which solicitor travels.		2
	In addition, reasonable travelling and subsistence expenses shall be allowed as a disbursement.

Appendix C

Schedule 1

[en. B.C. Reg. 75/98, s. 1; am. B.C. Regs. 266/98; 99/2000; 11/2003; 201/2004, ss. 1 and 15; 460/2004; 287/2005.]

Fees Payable to the Crown

(Unless otherwise provided by Statute)

	In the Court of Appeal			$
1	For filing a notice of appeal or a notice of an application for leave to appeal			291
2	For filing an application to be heard by a Justice of the Court of Appeal excluding an application for leave to appeal			104
3	For filing an application to be heard by 3 or more justices if the application is not returnable to the hearing of the appeal			208
4	For filing a certificate of readiness			291
5	For filing a book of authorities, other than a book of authorities filed jointly by 2 or more counsel of record			52
6	For each half day spent in whole or in part on the hearing of an appeal, unless the hearing is for judgment only, payable by the party who files the certificate of readiness, unless the court orders payment by another party			156
	In the Supreme Court of British Columbia			$
7	For commencing a proceeding in the Supreme Court that is not an appeal under Rule 53 (6) or an application under section 78, 81, 83 or 87 of the Legal Profession Act			208
8	For filing a statement of defence including a statement of defence to a counterclaim and a statement of defence to third party notice,
	(a)	if a counterclaim is not included in the same record		26
	(b)	if a counterclaim is included in the same record		208
9	For filing a counterclaim separately from a statement of defence			208
10	For filing a third party notice			156
11	For filing an interlocutory application, including applications under Rule 18A whether by motion or requisition, or any other application for which a fee is not payable under this Schedule			62
12	For filing a notice of trial or hearing if proceedings are set down on the trial list			208
13	For resetting a trial or hearing if proceedings are set down on the trial list, except where the matter must be reset due to the unavailability of a judge			200
14	For hearing a trial, unless the hearing is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another party
	(a)	if the time spent on the hearing is 1/2 day or less		156
	(b)	if the time spent on the hearing is more than 1/2 day
		(i)	for each of the first 5 days spent, in whole or in part, on the hearing	312
		(ii)	for each additional day spent after the first 5 days, in whole or in part, on the hearing	416
		(iii)	for each additional day spent after the first 10 days, in whole or in part, on the hearing	624
15	For filing a written agreement as provided for in section 122 of the Family Relations Act			31
16	Repealed. [B.C. Reg. 99/2000.]
17	For filing a requisition for judgment in default of appearance or defence			78
	Registrars and Special Referees			$
18	For filing any appointment for a hearing before a Registrar or Special Referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act			52
19	For a Registrar's or Special Referee's hearing, unless the hearing is for reasons for decision only, payable by the party who files the appointment unless the court or registrar orders payment by another party
	(a)	if the time spent on the hearing is more than 1/2 day but not more than one day		78
	(b)	if the time spent on the hearing is more than 1 day
		(i)	for each of the first 4 days spent, in whole or in part, on the hearing	156
		(ii)	for each additional day spent after the first 4 days, in whole or in part, on the hearing	208
		(iii)	for each additional day spent after the first 10 days, in whole or in part, on the hearing	312
	Probate, Administration and Resealing			$
20	In addition to the fee payable under item 7, for every grant or ancillary grant of probate and administration, and on every resealing under the Probate Recognition Act, but not on a grant de bonis non, a cessate grant, or a double probate, if the gross value of all the real and personal property of the deceased situated in British Columbia that passes to the personal representative at the date of death exceeds $25 000, whether disclosed to the court before or after the grant is issued or resealed,
	(a)	for each $1 000 or part of $1 000 by which the gross value of that real and personal property exceeds $25 000 but is not more than $50 000, the sum of		6
	(b)	for each $1 000 or part of $1 000 by which the gross value of that real and personal property exceeds $50 000, the sum of		14
	No fee is payable under item 7 or this item to file for and obtain a grant of letters probate or administration if a person dies leaving an estate not exceeding $25 000 in value.
	The fee payable under this item or item 7 is calculated on the values deposed to by or on behalf of a personal representative in the Statement of Assets, Liabilities and Distribution exhibited to the affidavit leading to the grant as required by the Rules of Court.
21	For filing a caveat			73
22	For filing the records required for the issue of a citation			21
	Enforcement and Execution			$
23	For filing the records required for the issue of a writ of execution, or a garnishing order before or after judgment, not including an application to the court			80
24	For filing the records required for the issue of a subpoena to debtor			73
	Generally, in any Court			$
25	For taking or swearing an affidavit for use in the court unless
	(a)	the deponent swears the affidavit in the course of his or her duties as a peace officer or as an agent or officer of the Province,
	(b)	the affidavit is sworn for the purpose of enforcing a maintenance or support order, or
	(c)	provision is made elsewhere for a fee for that service		31
26	For a search of a record, other than
	(a)	an electronic search conducted from outside the registry, or
	(b)	a search of a record of a proceeding by
		(i)	a party to that proceeding,
		(ii)	a party's solicitor, or
		(iii)	an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding	8
26.1	For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:
	(a)	fee for returning the results		10
	(b)	cost per page faxed		1
26.2	For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query			6
27	For copies, per page			1
28	For
	(a)	a certified copy of a document of record
		(i)	for 10 pages or less	31
		(ii)	for each additional page over 10 pages, per page	6
	(b)	issuing a certificate of judgment		31
	(c)	issuing a certificate of pending litigation or other certificate not otherwise provided for		31
	(d)	a copy, produced by the registry, of a transcript filed within 5 years of the request, per page		3.50
29	Repealed. [B.C. Reg. 11/2003, s. (b).]
29.1	For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a fax filing pilot project registry			10
30	For each payment into or out of court, except in a proceeding to which item 1, 7 or 11 applies			42
31	For rental of a room for examination for discovery, per day			104

Despite anything in this schedule, if, after consultation with the Chief Justice, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 26, 26.1, 26.2 and 27 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

Indigency status

S1 (1) If the court, on summary application before or after the commencement of a proceeding, finds that a person is indigent, the court may order that no fee is payable to the Crown by the person to commence, defend or continue the whole or any part of the proceeding unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(2) An order under subsection (1) may apply to one or more of the following:

(a) a proceeding generally:

(b) any part of a proceeding;

(d) one or more particular steps in a proceeding.

(3) On application or on the court's own motion, the court may review, vary or rescind any order made under subsection (1) or (2).

(4) Despite anything in this Schedule, if the court makes an order in relation to a person under this section, no fee is payable to the Crown by that person in relation to the proceeding, part of the proceeding, period of time or steps to which the order applies.

In addition to any other fees payable under this Schedule, a further fee of $7.00 must be paid for transmitting a document package to a registry through the electronic filing service of Court Services Online. For the purposes of this provision, a "document package" is any document or, if a group of documents is transmitted at one time in relation to the same court file, that group of documents.

Schedule 2

[en. B.C. Reg. 534/95; am. B.C. Regs. 439/97; 75/98, s. 2; 461/2004.]

Fees Payable to the Sheriff

1	For service			$
	(a)	receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service		100
	(b)	each additional party served at the same address		20
	(c)	each additional party served not at the same address		30
1.1	Non-refundable deposit for civil jury trial			1 000
2	For arrest or execution on goods and chattels
	(a)	for every arrest, execution or similar writ or order		120
	(b)	for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved		60
	(c)	as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
		(i)	if that net sum is $10 000 or less	10%
		(ii)	if that net sum is more than $10 000 but is less than $100 000	$1 000
			plus 2 1/2% on the amount in excess of $10 000
		(iii)	if that net sum is $100 000 or over	$3 250
			plus 1% on the amount in excess of $100 000
	(d)	the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so
3	For lien and recovery actions
	(a)	executing a lien other than a repairer's lien or for recovering specific property other than land if the execution or recovery is accomplished in whole or in part		175
	(b)	attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved		60
4	For sale or possession of land
	(a)	for executing an order for sale or possession of land, in part or in whole		150
	(b)	for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved		45
	(c)	as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
		(i)	if that net sum is $10 000 or less	10%
		(ii)	if that net sum is more than $10 000 but is less than $100 0000	$1 000
			plus 2 1/2% on the amount in excess of $10 000
		(iii)	if that net sum is $100 000 or over	$3 250
			plus 1% on the amount in excess of $100 000
5	For arrest of ships
	(a)	for every warrant or order to arrest a ship, including release		175
	(b)	for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved		60
6	For a search made by a sheriff including the certificate of result			10
7	For taking or swearing an affidavit for use in the court unless the deponent swears the affidavit in the course of his or her duties as a peace officer or as an agent or officer of the Province			30
8	In respect of each of the foregoing items except item 1, the sheriff must be paid 45¢ for each kilometre travelled.
9	For each of the foregoing items, all disbursements properly incurred.

Schedule 3

[en. B.C. Reg. 55/93, s. 44.]

Fees Payable to Witnesses

In all cases in which a witness is required to attend an examination, hearing or trial, the following daily witness fees and fees for travel, meals and preparation are payable, and shall, unless otherwise ordered, be tendered in advance by the party requiring the attendance of the witness:

Daily witness fee

1 For any witness, other than a party or a present officer, director or partner of a party to a proceeding, for each day or part of a day, a daily witness fee of $20. A witness who is a party or a present officer, director or partner of a party to the proceeding is not entitled to a daily witness fee.

Travel

2 For any witness, where the examination, hearing or trial is held at a place

(a) within 200 km by road (including any ferry route within the Provincial road system) of where the witness resides, 30¢ per km each way by road between his or her residence and the place of examination, hearing or trial; but no travel allowance will be made if the distance by road between that residence and the place of examination, hearing or trial is less than 8 km. This allowance includes ferry fares and road tolls, or

(b) more than 200 km from where the witness resides, the minimum return air fare by scheduled airline plus 30¢ per km each way from his or her residence to the departure airport and from the arrival airport to the place of examination, hearing or trial.

Allowances

3 For any witness, a reasonable allowance for meal expenses made necessary by the witness' attendance, and where the witness resides elsewhere than the place of examination, hearing or trial and is required to remain overnight, a reasonable allowance for overnight accommodation.

Preparation

4 For any witness other than a party or a present officer, director or partner of a party to a proceeding, a reasonable sum shall be allowed for the time employed and expenses incurred by the witness in preparing to give evidence, when that preparation is necessary.