Federal Courts Rules (SOR/98-106)

Regulations are current to 2017-05-11 and last amended on 2015-01-30. Previous Versions

TARIFF B(Rules 400 and 407)

Counsel Fees and Disbursements Allowable on Assessment

  • Marginal note:Bill of costs
    • 1 (1) A party seeking an assessment of costs in accordance with this Tariff shall prepare and file a bill of costs.

    • Marginal note:Content of bill of costs

      (2) A bill of costs shall indicate the assessable service, the column and the number of units sought in accordance with the table to this Tariff and, where the service is based on a number of hours, shall indicate the number of hours claimed and be supported by evidence thereof.

    • Marginal note:Disbursements

      (3) A bill of costs shall include disbursements, including

      • (a) payments to witnesses under Tariff A; and

      • (b) any service, sales, use or consumption taxes paid or payable on counsel fees or disbursements allowed under this Tariff.

    • Marginal note:Evidence of disbursements

      (4) No disbursement, other than fees paid to the Registry, shall be assessed or allowed under this Tariff unless it is reasonable and it is established by affidavit or by the solicitor appearing on the assessment that the disbursement was made or is payable by the party.

  • Marginal note:Calculation
    • 2 (1) On an assessment, the assessment officer shall determine assessable costs by applying the formula

      A × B + C

      where

      A
      is
      • (a) the number of units allocated to each assessable service, or

      • (b) where the service is based on a number of hours, the number of units allocated to that service multiplied by the number of hours;

      B
      is the unit value as established in section 3 and adjusted in accordance with section 4; and
      C
      is the amount of assessable disbursements.
    • Marginal note:Fractional amounts

      (2) On an assessment, an assessment officer shall not allocate to a service a number of units that includes a fraction.

  • Marginal note:Unit value

    3 The unit value as at January 1, 1998 is $100.

  • Marginal note:Adjustment of unit value
    • 4 (1) On April 1 in each year, the Chief Justices of the Court of Appeal and the Federal Court, in consultation with one another, shall adjust the unit value by multiplying it by the amount determined by the formula

      A/B × 100

      where

      A
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December of the preceding year; and
      B
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December 1994.
    • Marginal note:Rounding of result

      (2) Where a calculation under subsection (1) results in an amount that is not evenly divisible by 10, the resulting amount shall be

      • (a) where it is less than 100, rounded to the next higher amount that is evenly divisible by 10; and

      • (b) where it is greater than 100, rounded to the next lower amount that is evenly divisible by 10.

    • Marginal note:Communication of adjusted unit value

      (3) The Chief Justices shall without delay communicate adjustments to the unit value made under subsection (1) to their respective courts and to their assessment officers.

      TABLE

      ItemAssessable ServiceNumber of Units
      Column IColumn IIColumn IIIColumn IVColumn V
      • A Originating documents and Other Pleadings

      1Preparation and filing of originating documents, other than a notice of appeal to the Federal Court of Appeal, and application records.1 - 32 - 54 - 75 - 97 - 13
      2Preparation and filing of all defences, replies, counterclaims or respondents’ records and materials.1 - 32 - 54 - 75 - 97 - 13
      3Amendment of documents, where the amendment is necessitated by a new or amended originating document, pleading, notice or affidavit of another party.1 - 21 - 42 - 63 - 74 - 8
      • B Motions

      4Preparation and filing of an uncontested motion, including all materials.1 - 21 - 32 - 42 - 52 - 6
      5Preparation and filing of a contested motion, including materials and responses thereto.1 - 32 - 53 - 74 - 95 - 11
      6Appearance on a motion, per hour.11 - 21 - 31 - 41 - 5
      • C Discovery and Examinations

      7Discovery of documents, including listing, affidavit and inspection.1 - 21 - 32 - 53 - 95 - 11
      8Preparation for an examination, including examinations for discovery, on affidavits, and in aid of execution.1 - 21 - 32 - 54 - 87 - 11
      9Attending on examinations, per hour.0 - 10 - 20 - 30 - 40 - 5
      • D Pre-Trial and Pre-Hearing Procedures

      10Preparation for conference, including memorandum.1 - 22 - 53 - 64 - 87 - 11
      11Attendance at conference, per hour.11 - 21 - 31 - 41 - 5
      12Notice to admit facts or admission of facts; notice for production at hearing or trial or reply thereto.11 - 21 - 31 - 41 - 5
      13Counsel fee:
      • (a) preparation for trial or hearing, whether or not the trial or hearing proceeds, including correspondence, preparation of witnesses, issuance of subpoenas and other services not otherwise particularized in this Tariff; and

      11 - 22 - 53 - 94 - 11
      • (b) preparation for trial or hearing, per day in Court after the first day.

      112 - 32 - 63 - 8
      • E Trial or Hearing

      14Counsel fee:
      • (a) to first counsel, per hour in Court; and

      11 - 22 - 32 - 43 - 5
      • (b) to second counsel, where Court directs, 50% of the amount calculated under paragraph (a).

      15Preparation and filing of written argument, where requested or permitted by the Court.1 - 32 - 53 - 74 - 95 - 11
      • F Appeals to the Federal Court of Appeal

      16Counsel fee:
      • (a) motion for leave to appeal and all services prior to the hearing thereof; and

      1- 32 - 54 - 75 - 97 - 13
      • (b) on an oral hearing of the motion for leave to appeal, per hour.

      11111 - 2
      17Preparation, filing and service of notice of appeal.11111
      18Preparation of appeal book.1111 - 21 - 3
      19Memorandum of fact and law.1 - 32 - 54 - 75 - 97 - 13
      20Requisition for hearing.11111
      21Counsel fee:
      • (a) on a motion, including preparation, service and written representations or memorandum of fact and law; and

      11 - 22 - 32 - 43 - 5
      • (b) on the oral hearing of a motion, per hour.

      1 - 21 - 32 - 42 - 52 - 6
      22Counsel fee on hearing of appeal:
      • (a) to first counsel, per hour; and

      11 - 22 - 32 - 43 - 5
      • (b) to second counsel, where Court directs, 50% of the amount calculated under paragraph (a).

      • G Miscellaneous

      23Attendance on a reference, an accounting or other like procedure not otherwise provided for in this Tariff, per hour.11 - 21 - 32 - 42 - 5
      24Travel by counsel to attend a trial, hearing, motion, examination or analogous procedure, at the discretion of the Court.11 - 31 - 51 - 71 - 9
      25Services after judgment not otherwise specified.11111
      26Assessment of costs.1 - 21 - 42 - 63 - 75 - 10
      27Such other services as may be allowed by the assessment officer or ordered by the Court.11 - 21 - 31 - 41 - 5
      28Services in a province by students-at-law, law clerks or paralegals that are of a nature that the law society of that province authorizes them to render, 50% of the amount that would be calculated for a solicitor.
  • SOR2004-283, ss. 30, 31(E), 32.
 
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